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Mississippi Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Mississippi on
Q: Is it typical for a judge and lawyers to deliberate privately in custody hearings?

A custody and support hearing was held in Mississippi, where two lawyers and a judge deliberated privately and excluded the parents. The main concerns include the mother's contempt for not permitting scheduled visitations, failing to pay her share of medical bills, and ignoring evaluations for... View More

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answered on Nov 12, 2025

In most custody and support hearings, the judge’s decisions are based on evidence, testimony, and arguments presented in court, and parents generally have the right to participate fully. Private deliberations between a judge and lawyers without the parties present are unusual, though judges may... View More

1 Answer | Asked in Elder Law, Family Law and Gov & Administrative Law for Mississippi on
Q: What are my legal rights in Mississippi to ensure my elderly parent's well-being when family members won't communicate and have taken them?

I recently moved in with my elderly parent to assist with their care. Some family members have taken my parent to an unknown location and are not communicating with me. There are no legal orders regarding my parent's care or who can make decisions for them. I want to understand my legal rights... View More

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answered on Nov 6, 2025

If you believe your parent faces immediate risk, call local law enforcement for a welfare check and, if you cannot locate them, make a missing‑person report. Mississippi Adult Protective Services can investigate suspected abuse, neglect, or exploitation of a vulnerable person and coordinate with... View More

1 Answer | Asked in Contracts, Landlord - Tenant, Family Law and Real Estate Law for Mississippi on
Q: Do I have the right to take items I bought from a shared home in Mississippi?

I am planning to leave a shared living situation with my partner in Mississippi. I have receipts for items I personally purchased, including a living room set, refrigerator, and stove. My partner is unaware that I am planning on leaving, and there is no formal agreement between us regarding... View More

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answered on Nov 5, 2025

That’s an understandable concern, especially when you’ve invested your own money into shared household items. In Mississippi, ownership of personal property is generally determined by who purchased the item, regardless of where it’s located. If you have receipts showing that you bought the... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Mississippi on
Q: My husband just told the kids he wants a divorce and he’s leaving. How can I get a temporary custody order

They live with me and my husband full time

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answered on Oct 23, 2025

When a spouse announces a split, the fastest way to protect your children’s routine is a temporary custody order from the Chancery Court; until a judge rules, both parents hold equal custody rights. In Brandon that means filing in the Rankin County Chancery Court. Move quickly so the current... View More

1 Answer | Asked in Divorce, Civil Litigation, Appeals / Appellate Law and Family Law for Mississippi on
Q: How can I challenge a fraudulent divorce ruling in Mississippi?

I'm looking for legal assistance in Mississippi to challenge a divorce ruling due to fraud. Over a decade ago, my ex-wife, her attorney, and a group I refer to as the "goon squad," including Brett McCaplin, committed fraudulent acts during the divorce proceedings. I never signed the... View More

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answered on Oct 22, 2025

Challenging a divorce ruling after so many years can be difficult, but not impossible if you can prove fraud. In Mississippi, courts allow you to file a motion to set aside a judgment if it was obtained through fraud, misrepresentation, or misconduct. Usually, this must be done within six months,... View More

1 Answer | Asked in Child Custody, Gov & Administrative Law and Family Law for Mississippi on
Q: Why does CPS want to drug test me and my daughter after an incident involving my ex-wife's other child?

I have had custody of my daughter for seven years after Mississippi child services deemed my ex-wife unfit due to her refusal of a drug screen, while I passed multiple drug tests and was deemed fit. Recently, my ex-wife, who now has another child with a different man, failed a drug screen due to a... View More

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answered on Oct 17, 2025

It’s understandable to feel frustrated and confused, especially since you’ve already proven your fitness as a parent and have maintained custody for years. In cases like this, **Child Protective Services (CPS)** often expands its investigation when a child who is part of an existing report has... View More

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for Mississippi on
Q: Ex-wife didn't disclose 401(k); am I entitled to 50%?

My ex-wife did not disclose her 401(k) during our divorce proceedings. We did not have a prenuptial or postnuptial agreement. Although a court has already issued a divorce decree, the 401(k) was not considered in the division of our marital assets. Am I entitled to claim 50 percent of it?

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answered on Oct 13, 2025

If your ex-wife failed to disclose her 401(k) during the divorce, you may still have a legal right to claim your share of it. Retirement accounts accumulated during the marriage are typically considered **marital property**, which means both spouses are entitled to an equitable portion. Courts take... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Mississippi on
Q: What child support should I expect to pay in Mississippi?

I live in Mississippi and earn $16 per hour. I'm preparing to start paying child support for my autistic child. The child's mother earns significantly more than me and is living rent-free in my house, while I live elsewhere. There are no custody or visitation arrangements in place, and... View More

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answered on Oct 9, 2025

In Mississippi, child support is calculated mainly based on your income and the number of children you support. For one child, the general guideline is 14% of your adjusted gross income. If you make $16 per hour and work 40 hours a week, your gross monthly income would be around $2,773 before... View More

1 Answer | Asked in Child Custody, Adoption and Family Law for Mississippi on
Q: How can I gain custody of my brother who was adopted by my grandmother in Mississippi?

I am 22 years old and wish to gain custody of my 14-year-old brother, who was adopted by my grandmother in Forest, Mississippi. I am financially capable and have a stable living environment to support him. My grandmother is aware of and agrees with my intention. How can I proceed with this process?

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answered on Oct 3, 2025

In Mississippi, since your grandmother legally adopted your brother, she is considered his parent under the law. That means you cannot simply assume custody—you would need either her legal consent to transfer guardianship or a court order granting you custody. If she agrees with your plan, the... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Family Law for Mississippi on
Q: Can we see grandkids despite false CPS reports in MS?

I want to know if my son and I can still see my grandkids. The CPS worker assigned to the case collaborated with the individual who reported us, making false reports and forging documents. I have evidence of this and admissions from messages. The worker threatened the mom by saying she would lose... View More

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answered on Oct 2, 2025

In Mississippi, grandparents do have the right to petition for visitation, but it must be done through the court. Since the judge has already placed the children in CPS custody, the court has authority over all visitation decisions, which means you and your son cannot see the children unless... View More

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: Cost of no-fault divorce with one child in Mississippi

I would like to know how much a no-fault divorce might cost if both parties are in agreement, we have one minor child living at home, and I plan to file for the divorce on my own without hiring a lawyer.

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answered on Sep 30, 2025

In Mississippi, the main cost of a no-fault divorce when both spouses agree is the court filing fee. This fee varies by county but usually ranges between $75 and $150. If you file on your own, that fee may be your only required expense, though there could be small additional charges for serving... View More

1 Answer | Asked in Legal Malpractice, Gov & Administrative Law and Family Law for Mississippi on
Q: How can I address a CPS case and attorney billing issues in MS?

I hired an attorney for $5,700 to move my youth court case related to CPS issues, but he later changed his stance and advised against it, citing pressure from the prosecutor. After a brief hearing where my attorney agreed with the prosecutor and none of my concerns were addressed, I decided to part... View More

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answered on Sep 29, 2025

It sounds like you’ve been through a very frustrating experience with both your attorney and CPS. Attorneys often charge retainers upfront and bill against them as they work, but if you feel your lawyer didn’t provide the services promised or billed you unfairly, you can request a detailed,... View More

1 Answer | Asked in Child Custody, Gov & Administrative Law, Civil Litigation and Family Law for Mississippi on
Q: Concerns about CPS court order and appeal delay with no response

I am involved in a case with Mississippi CPS and have concerns about a court order regarding my child. The order states that remaining in my home would be contrary to my child's welfare and that efforts should be made for reunification. However, CPS alleged in their report they entered my... View More

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answered on Sep 29, 2025

What you describe is very concerning, especially since CPS admitted during the administrative appeal that they never entered your home, yet the original order relies on that claim. A statement of facts from the appeal should not typically take over a year, and the lack of response despite repeated... View More

1 Answer | Asked in Child Custody, Civil Litigation, Gov & Administrative Law and Family Law for Mississippi on
Q: Challenging custody decision and CPS involvement in Mississippi.

I am challenging a custody decision and CPS involvement. The custody change occurred over the phone without a hearing. Initially, the judge removed custody from a relative on November 2nd due to a failed drug screen, but custody was given back to this relative on November 27th without a drug... View More

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answered on Sep 29, 2025

What you describe raises several serious issues about how your custody case has been handled. Custody changes are supposed to be made through formal hearings where both sides have a chance to be heard, not simply over the phone. If the judge reinstated custody without a hearing or new drug... View More

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights, Gov & Administrative Law and Family Law for Mississippi on
Q: Seeking steps to challenge CPS actions and visitation restrictions in Mississippi youth court case.

I am in a Mississippi CPS youth court case where my children were removed. Initially, I had supervised visitation, but it was suspended without evidence of harm and for various inconsistent reasons. Despite progress, including reduced drug levels, visitation has been restricted for 3 years with no... View More

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answered on Sep 28, 2025

What you’re describing sounds extremely difficult, and it’s understandable you want to challenge how your case has been handled. In Mississippi, CPS and youth court must follow due process rules, which include holding periodic review hearings to evaluate visitation and placement decisions. If... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: Can I seek child support from my child's retired father and arrange visitation?

I have custody of my 8-year-old child, and this will be my first time seeking child support from the child's father, who is retired from a state job. I would also like to establish visitation arrangements. How do I initiate this process, and what should I consider given his retirement status?

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answered on Sep 14, 2025

To initiate child support and visitation, you will need to file a petition in your local family court. The court will review both parents’ financial circumstances, including retirement income, pensions, or any other benefits your child’s father receives. Even if he is retired, the court can... View More

1 Answer | Asked in Family Law and Appeals / Appellate Law for Mississippi on
Q: How can I appeal termination of maternal rights in Mississippi?

In April 2025, my maternal rights were terminated because I did not follow the plan, specifically not meeting with my case manager, although I attended all visits with my child. My child is currently under the father's care. I have not started any arrangements for an appeal yet. What steps can... View More

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answered on Sep 13, 2025

If your maternal rights were terminated in April 2025, you need to act quickly because appeals in Mississippi follow strict deadlines. In most cases, you only have thirty days from the date of the final judgment to file a notice of appeal. The first step is to contact the court where your rights... View More

1 Answer | Asked in Criminal Law and Family Law for Mississippi on
Q: Can I sue my husband for remarrying in the USA while still married to me in Jamaica?

I am legally married to my husband under Jamaican law, but he remarried someone else in the USA without obtaining a divorce from me. There is no record of a divorce at the Supreme Court in Jamaica. Can I take legal action against him in this situation?

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answered on Aug 28, 2025

Yes, you can take legal action because what your husband did amounts to bigamy, which is a crime in both Jamaica and the United States. Since you are still legally married under Jamaican law and there is no record of divorce, his second marriage in the U.S. is not valid. This means you remain his... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Mississippi on
Q: Assistance needed with a child support case in Mississippi while residing in California.

I need assistance with a child support case involving my child in South Haven, Mississippi. I reside in California and have been financially supporting my child. Recently, the child's mother filed for child support and has limited my access to my child. This situation has been ongoing for... View More

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answered on Aug 29, 2025

Since the child support case is filed in Mississippi, that state will have jurisdiction over setting the support order. Living in California does not remove your responsibility, but it does mean you will need to respond to the paperwork from Mississippi to avoid a default judgment. If you ignore... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Mississippi on
Q: Can charges be dropped against only one person in a child abuse case in MS?

Two people have been charged with child abuse, and one of them is my child's father. I don't want to pursue charges against my child's father. Is it possible to have the charges dropped against only my child's father, or do they have to be dropped for both individuals? There is... View More

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answered on Sep 8, 2025

Yes, it is possible for charges to be dropped against only one person in a child abuse case in Mississippi. Prosecutors have the discretion to decide who to pursue based on the evidence, circumstances, and input from victims or guardians. Your desire not to pursue charges against your child’s... View More

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