You don’t say how old the child is; however, the grandmother will have to overcome the natural parent presumption which says that the biological parents are the natural guardians of their children. The presumption may be overcome if the father has 1. consented to a third party having custody... View More

It is hard to tell from the facts given what exactly is going on. If the SW and/or DHS are talking about adoption, the best advice I can give is that you immediately hire an attorney who has been experience working in Youth Court and Chancery Court matters.

Normally, it takes more than one failed drug screen. However, the mother must follow and complete her service plan, remain sober, and meet all of the requirements.

A lawyer will draft a petition for the guardianship, which will need to be signed by you and your husband. Additionally, the child’s parents will either sign the Petition or a waiver. An Agreed Judgnent allowing the guardianship will be signed and then presented to the Judge for his/her... View More

If your in-laws are in agreement, you and they will sign a joint petition and an agreed judgment. If not, you will have to serve them with a petition seeking custody. You will have to show a material change in circumstances adversely affecting your child that has occurred in their home…not that... View More

His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

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answered on Oct 1, 2022

They are still valid, though they may not address your current situation. If your payments are going trough Child Support Enforcement, they can gather the information needed to reevaluate support. DHS is not involved in child support. Child support ism modifiable in all states based on changes of... View More

Yes, you still have to pay any arrearage that has accrued. Child support cannot be forgiven once it has vested; however, you may be able to receive credits against the arrearage, depending on the circumstances. Whether you are entitled to credits is entirely up to the Court.

Your friend should consult with an attorney as soon as possible about taking steps to have the child returned to her. Once the agreement is given full faith and credit in Mississippi, it can be enforced and modified here.

You need to hire an attorney and file a paternity action, asking for your rights as a father, including visitation rights. Do not go through DHS because they cannot handle the visitation issue.

Here's what you need to do:

1. Fill out the petition and send it to the Circuit County Court in the county where you live.

2. Obtain the mother's permission. If the parent is emotionally or financially unfit, or if the parent has abandoned the child, Florida law may allow... View More

Without a court order, she would be able to take the child if law enforcement will help her take the child from you. That is a big if because most will not get involved in these matters. You should immediately file an action in the chancery court of the county where you live, alleging that she... View More

The issue of grandparents’ rights is much more complicated than can be fully discussed here.

1. The step-grandparent can be a named party. Second, you have quoted only a portion of the statute.

2. Visitation rights can also be awarded if the grandparent can show that a... View More

I do not practice law in Mississippi and this is not legal advise. However, another word for "giving up your rights" is to relinquish your parental rights, to terminate your rights. I hope that whatever situation you are facing that you are well.

Julia

A father can voluntarily relinquish his parental rights; however, none of the reasons you have given would allow for a termination. The reasons may be a reason to change custody of the child to the father if he is suitable in other respects. However, if the mother agrees to the termination, the... View More

If you are not the biological parent, we’re not married to the other parents, and have not been awarded any visitation with the child through a court order, you do not any any rights to the child. I’m very sorry.

You do not say which court entered the order removing your child. The Court will usually err on the side of protecting the child on an emergency basis, but evidence had to have been presented to cause a Judge to make such a ruling. However, the hearing on Friday will be an opportunity to test the... View More

You and the father have the same rights and responsibilities as any other parent. However, it is going to be complicated by the fact that he is a minor due to his dependence on his parents for financial support, food, shelter, as well as his disability of minority. However, this does not give his... View More

One of the factors that the court will take into consideration is whether violence has been perpetrated by either party during the relationship, especially if children were present at the time. Our case law and statutes are clear that the party who is found to have been violent during the... View More

Because the child is a resident of Louisiana, Louisiana statues would govern; therefore, you should contact an attorney licensed in that state.