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Mississippi Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: ex not following court order for visitation. other than being held for contempt of court order what all can I use

got court order for visitation and ex has not following them at all, haven't seen my kids in over 8 months

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 21, 2018

It depends on whether he is not exercising his right to visitation or whether he is going beyond the scope of visitation without informing you. With the way that most orders are set up, he cannot be forced to visit the children; rather, the order explains the bare minimum for when he can see them.

1 Answer | Asked in Child Custody for Mississippi on
Q: My ex wife has a new boyfriend who is a convicted drug felon can I keep my kids from being around him? We live in Ms.

He was convicted in 2017 with heroin and meth. He was arrested with heroin meth needles marijuana and dui.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 19, 2018

It depends, largely on what your divorce settlement says. Typically, there will be a restriction on overnight guests of the opposite sex when the children are with their parents, unless the guest is related by blood or marriage. As far as other restrictions, courts are hesitant to restrict those... View More

1 Answer | Asked in Estate Planning and Child Custody for Mississippi on
Q: My 12 year old daughter, has expressed for 2 years that she wants to come live with me (her dad). What are the details
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 15, 2018

I'm assuming that your question goes more towards a custody modification. First and foremost, a copy of the custody order would be needed to see how custody is explained. The second thing would be for an attorney to talk with you about the standard necessary to modify custody (in which case,... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: How can I sign custody to my mother when my aunt has temporary custody but that case had been closed

I received letter telling me case was closed. My lawyer sent me a paper reporting I could go get me kids from aunt. I go to get them the next day the law comes gets them and takes back to aunt. I want to sign my rights over to my mother. How?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 15, 2018

You need to consult an attorney, so that they can get more information before they advise you accordingly. First and foremost, the attorney would need to know the circumstances in which the children were taken away. Given that you said a letter was sent to you, it seems that youth court was... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: If a case has been dismissed and lawyer tell parents to get children. Why would the law take them right back
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 16, 2018

This is going to depend on several things, the biggest being the circumstances in which the case was dismissed and why the law ended up getting the children again. You likely will need to consult with an attorney to provide additional information concerning those circumstances, and who can provide... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can my son be seen as the father of someone elses child in Mississippi?

My son & his ex separated October 2016 and divorce was finally June 2017. She lives in Mississippi and just had a baby on February 9, 2018. She knows who the biological father is but is claiming she needs personal info from my son to remove him from the birth certificate becy they haven't... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 11, 2018

It depends. The law in Mississippi is that a child born while the parties are married is presumed to be a product of the marriage; however, given the facts, 1) there should have been a provision in the divorce decree stating that she was not pregnant, and 2) there is a question as to why his name... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can my step son’s mother take him from us?

My step son is 6 years old. He came to live with us about 7 months ago when his mother started using drugs, sold her only means of transportation, and began floating from place to place. She has been back and forth between two men’s houses. One when she is using and the other when she wants to... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 11, 2018

It depends. There are a few questions that would need to be answered first. Was there ever a child support order put into place? If so, and depending on the court, there may be a blanket custody arrangement already established, which your husband may or may not know about (particularly if it was... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: Can you help with custody?

My ex wife is trying to move to Michigan and take my kids.

Baskin Lowber Jones
Baskin Lowber Jones
answered on Feb 4, 2018

You may want to contact a Mississippi attorney today to discuss getting an emergency order from the Chancery court regarding custody.

1 Answer | Asked in Child Custody for Mississippi on
Q: What state do i need to need to file a court ordered paternity test?.

Im currently living in texas, my son was born in mississippi, and his father lives in florida.

At the time of my sons birth, i was legally still married to someone else, but because he was in a different country i never bothered to get a divorce right away. The hospital made me put my... View More

Baskin Lowber Jones
Baskin Lowber Jones
answered on Feb 1, 2018

Contact an attorney in the state where you and the child live about a petition for determination of paternity, if the MS dept of records will accept an out of state order.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: How can a man get a paternity if he thinks he IS the father but the mother refuses and says he is not?

My son and his girlfriend broke up while she was pregnant after learning she had cheated. He continued to go to dr appointments and even had the gender reveal party with her. At around 5 months she says it’s not his and that she had a test. No test was shown to us and now the baby is born and the... View More

Baskin Lowber Jones
Baskin Lowber Jones
answered on Jan 8, 2018

A chancery court judge can order a paternity test after a petition to determine paternity.

1 Answer | Asked in Child Custody and Juvenile Law for Mississippi on
Q: What do I have to do to get the money to pay for a car using the money I can’t get till I’m 21

The money from my mom when she died my grandad is over the money but no one wants to help me get a car but I can take care of a car I just need one

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 11, 2018

Likely, a guardianship over the monies was established some time back, and the guardian will need to petition the court for funds to purchase your car.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: If the father is not on birth certificate and has been absent from child's entire life does he have rights?

He has been absent due to federal incarceration since before the child was born. He is not on birth certificate, doesn't give support, but did take a paternity test.

Does he have any legal rights to my child?

Baskin Lowber Jones
Baskin Lowber Jones
answered on Dec 14, 2017

The father will have rights until his paternity is terminated in a procedure called a termination of parental rights. There is a statute in Mississippi establishing when this sort of termination may occur.

1 Answer | Asked in Child Custody for Mississippi on
Q: I want full custody of my 5 year old. Court is Monday. When will I know who won the case?
Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 5, 2017

The judge could rule from the bench or could rule by an opinion some time after the hearing.

0 Answers | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: Can I legally move out of Mississippi, while the father is paying child support?

I am wanting to move out of state soon. My daughter is 5 years old, ND we currently reside in Mississippi. My daughters father pays child support every month, but does Not have visitation rights. The father section of her birth certificate is blank. What are the steps that I should take to move?... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My ex let me take my kids from Mississippi to where I live in Oklahoma can she legally make me bring them back ?

There are no standing court order or anything in place at this time .

Ray Choudhry
Ray Choudhry
answered on Jun 27, 2017

If there are no prior orders, then you should file.

1 Answer | Asked in Family Law, Child Custody, Child Support and Uncategorized for Mississippi on
Q: I've been in a relationship with my kids dad for 14 years, we just recently found out he is still married? What are my

What are my options since we've been together 14 years?

We never married. LOUISIANA does not recognize common law marriage

Paul Stanko
Paul Stanko
answered on Oct 1, 2016

Well, the good news is your kid's dad is not a bigamist. If he does get divorced, then he will be free to marry you. You can choose to continue your affair with him or not; you can also seek child support from him if you do split.

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