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Mississippi Family Law Questions & Answers
0 Answers | Asked in Family Law, Insurance Defense and Probate for Mississippi on
Q: My mom passed away she is not married. She had a loan payment for her vehicle at a bank and had credit life insurance

Credit life pays off the remainding balance and belongs my mom. Why did the police make me give the car the co signer who was takin off the loan and everything

0 Answers | Asked in Family Law for Mississippi on
Q: My mother is a buyer on my grandma house, so she is on the deed, but my aunt thinks she is the owner

Because she was on the original land deed not the house deed. Does she have any legal avenues that can make her owner of the house?

0 Answers | Asked in Family Law and Child Custody for Mississippi on
Q: Do I have to make my daughter go to visitation if she crys and begs for me not to make her go?

My divorce papers say that my ex husband gets visitation every other weekend under his mother's supervision. She has stopped supervising it, goes to work, and leaves my daughter, who is 5, with her father, new wife, and brother that lives in the home. I haven't worried as much since there... Read more »

0 Answers | Asked in Family Law for Mississippi on
Q: My son is 18 and his mother withdrew him from school. He had been retained twice.

He’s since moved with me changing his home of record. How long does he have to be with me before I can petition the court to be removed off of child support?

0 Answers | Asked in Family Law, Education Law and Juvenile Law for Mississippi on
Q: My son's been out of school since Aug 24 bc we have been homeless we just got a place should I enroll him or keep him

We have been staying at a motel since the end of September about 3 months and without a address I couldn't enroll him so I kept him out. We got a place of our own dec 15th and by then school was out for Christmas. School is back in now and I'm just scared to enroll him in fear that they... Read more »

0 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, Family Law and Juvenile Law for Mississippi on
Q: My son is 17 and involved with both youth and drug courts. He refuses to smoking marijuana. Can the judge take him?

We've asked for long term treatment and it hasn't happened. We've asked for mental health medicine change and it hasn't happened. Judge said she would remove him from my custody if he doesn't stop. Can she do that when I have no control of him doing it? He only smokes when I leave the house.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My child's mother gave temporary custody to her parents My sons mother recently died. Do I get custody now

I didn't know she done this.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jan 4, 2022

The answer is not necessarily. You don’t say where the child is now or why and when custody was transferred. Depending on the circumstances, you may want to try to obtain possession of the child and then immediately petition the chancery court for custody. However, not having physical possession... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: I have temp durable custody of nephews. Can I just return them to their custodial father when he is released from jail?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Dec 26, 2021

You don’t say whether or not the custody was given to you by the court through a court order or whether it is a private agreement between you and the parent(s). If you were awarded temporary custody through a court order, then you will need to go back to that court and asked that custody be... Read more »

1 Answer | Asked in Criminal Law and Family Law for Mississippi on
Q: Is it legal for a conservator "borrow" money from their conservatee's bank account, and put it back later?

Conservator took money out of her ward's bank account without telling her. When ward checked bank balance, she noticed money missing. conservator stated that she needed to borrow it and told her ward, "Don't worry, I will replace it".

Arthur Calderon
Arthur Calderon answered on Dec 3, 2021

A conservator is supposed to act in the best interest of the ward, which means that a bank account that belongs to the ward should not be used as a source of funds for the conservator, even if the conservator is using it as a loan.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: Does my child support end if my 19 yr old son joins the military? He is joining air national guard with Air Force in MS.

My son will be 19 yrs old in January and is currently in college; however, he may not be next semester due to him joining the military. Does joining the military automatically emancipate him and child support stops or will I need to file a modification to end the child support and show proof of him... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Nov 19, 2021

Yes, joining the military on a full time basis is an emancipating event in Mississippi.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: Can my kids’ mother file a child support order in Mississippi if she nor the kids have ever lived here

Child support petition

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Nov 15, 2021

If you live in Mississippi and have a support order from another state, the originating state will send the order to Mississippi for collection efforts.

1 Answer | Asked in Family Law for Mississippi on
Q: I'm seeking a divorce from my wife while moving to my mother's house in a different state. Does this affect the filing?

My wife and I have been married for three months, but co-habitating and living as a monogamous couple for a decade. I am fully financially dependent on my wife. She came home about a week and a half ago, said this isn't working, and left me by myself with our pets. My mother had to come get... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Nov 4, 2021

You would need to contact an Alabama attorney. You would not be able to file in Mississippi, unless she also moves out of Alabama.

1 Answer | Asked in Family Law for Mississippi on
Q: Cps is holding custody of my son but the cps in my county has already decided not to remove my child

I had my son in a county I didn't live in when hospital called they lied filed false report dhs from my county started investigation and called hospital to tell them everything was fine baby is to be released to me. They did not like that answer after a bunch more hell they called the county... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 25, 2021

You need to hire an attorney immediately in order to make sure your rights as a parent are preserved. You do not say why your son was in the hospital or the reason that the hospital called CPS, so I cannot speak to that. CPS will eventually put you on a parenting plan that you should follow. That... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Mississippi on
Q: If my ex husband is not following the divorce papers and paying his half of my childrens extra expenses what do I do?

My divorce papers state that my ex husband is supposed to have insurance on my children and pay extra expenses for any extra curricular activities or expenses. My daughter has had braces twice and I’ve paid out of pocket neither him nor his insurance has paid anything and my son is taking college... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 21, 2021

You should retain an attorney and file a petition asking that your ex be found in contempt and requesting any amounts owed to you, including attorney’s fees, filing fees, and service fees.

1 Answer | Asked in Family Law for Mississippi on
Q: If my son's mother signed documents to take me off of child support can she file for child support again? ( Mississippi)

In 2017 my son's mother signed documents to take me off of child support. However they never stopped taking CS out of my check. Now the state of MS is coming after me for more money.

Do I have any legal recourse here? I'm being told that even though she signed those documents... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 14, 2021

Yes. She can refile for child support at any time prior to the child emancipating.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Mississippi on
Q: Can Ms cps stop parents from getting medical updates from hospital on baby? I have been cooperating and very involved

My baby is in NICU. MSCps took custody this week. I have called hospital every single day since she was born to check on her. They have restricted the hospital on giving me, her mother, any info. I have done andor currently everything they have asked. They said bc they havent heard my voice in... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 10, 2021

Yes, you have the right, as her mother, to receive medical information of your child, unless you were using that information in an inappropriate manner. If CPS continues to interfere with this right, you may have to contact the social worker’s supervision or go to court and ask that any such... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a person who voluntarily terminated their parental rights be allowed to visit and/or interact with the children?

What are the rights of the other parent in these instances?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Sep 24, 2021

Whether or not the terminated person is allowed to visit with the child is totally up to the discretion of the parents. The terminated person has no legal standing to demand contact with the child.

1 Answer | Asked in Family Law and Civil Litigation for Mississippi on
Q: My son has someone else’s car parked on my property and I want it removed. Am I within my right to have it towed?
Hiten H Patel
Hiten H Patel answered on Sep 23, 2021

Yes. If you did not give permission to the owner to allow them to park the vehicle on property that you own.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: Can I change the name the child support case is in from my mother to me as I'm now over 18 and not living with her?

My mother has been getting child support for me for years. My father still has quite a bit of back pay remaining. I no longer live with my mother, am over 18. She still has the card that the child support money is deposited on and is using it for her own needs. Even when I was living with her she... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Sep 17, 2021

I cannot tell you that it is impossible to do what you are asking; however, I can tell you that I have not seen it happen in the 20+ years that I have been practicing. MDHS is going to assume that your mother used her funds to support you during your minority; therefore, the arrearage amount is... Read more »

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