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Mississippi Family Law Questions & Answers
0 Answers | Asked in Family Law for Mississippi on
Q: How to change my name back to maiden name after husband's death in MS?

I want to change my name back to my maiden name since my husband passed away in 2015. I have obtained his death certificate but haven't started any legal proceedings for the name change yet. Someone mentioned I would need to hire an attorney for this process, which I'm unsure about. I... View More

0 Answers | Asked in Divorce, Domestic Violence and Family Law for Mississippi on
Q: My husband is using my identity and has denied me financial medical and more he has ruined my life my reputation my prov

Or have a normal independent life we have 6 kids i filed reports and more but nothing he was 20 when he bought me from my mom for350 dollars was 10 I'm now 34

0 Answers | Asked in Divorce, Estate Planning and Family Law for Mississippi on
Q: How to protect 401(k) retirement from ex-spouse after 20 years of marriage?

I have been married for twenty years and am concerned about protecting my 401(k) retirement payments from my ex-wife. I held the job with the 401(k) before we got married, and she has not contributed to it. There have been no court proceedings specifically addressing my retirement. How can I... View More

1 Answer | Asked in Constitutional Law, Family Law, Gov & Administrative Law and Civil Rights for Mississippi on
Q: Evolution of Mississippi laws on husbands committing wives to mental institutions.

I'm researching the historical laws in Mississippi that allowed husbands to commit their wives to mental institutions without their consent. Specifically, I'm interested in understanding when these laws were enacted and how they evolved over time, including when they were no longer in use.

James L. Arrasmith
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answered on Mar 28, 2025

You are looking into a complex part of Mississippi’s legal history. In the 19th and early 20th centuries, the law allowed husbands considerable authority over their wives, including the power to commit them to mental institutions without their consent. This practice was rooted in a broader system... View More

0 Answers | Asked in Family Law and Gov & Administrative Law for Mississippi on
Q: How to obtain guardianship for boyfriend after brain injury against his grown children's likely opposition?

I have been caring for my boyfriend for over a year after he suffered a brain injury. Before his injury, he verbally expressed that he wanted me to make medical decisions for him, but we don't have it documented. His grown children likely oppose me having legal responsibility but have allowed... View More

0 Answers | Asked in Juvenile Law and Family Law for Mississippi on
Q: How can a 15-year-old in Mississippi file for emancipation with deceased mother and drug-using father?

I am a 15-year-old minor in Mississippi. My mother is deceased, and my father is heavily using drugs and has left me in the care of a responsible adult. I receive a monthly check from my mother's death, but my father takes it and spends most of it. I can financially support myself with this... View More

0 Answers | Asked in Child Custody, Education Law and Family Law for Mississippi on
Q: How can I obtain guardianship of a child to enroll him in school?

I am caring for a 15-year-old child whose mother committed suicide in jail and whose father is a drug addict. The child has been in my care for 14 days, but there are no legal documents granting me custody or guardianship. He has been out of school for over 2 years, and I want to enroll him back in... View More

0 Answers | Asked in Juvenile Law and Family Law for Mississippi on
Q: How to legally pursue emancipation at 15 in MS?

I am 15 and living in a stressful, toxic, and mentally and verbally abusive home environment. I want to become emancipated to create a more stable and loving environment for myself. My grandmother and a few friends are willing to support me, and I have an adult helping with planning and... View More

0 Answers | Asked in Child Custody and Family Law for Mississippi on
Q: Can a closed custody case be reopened in a different MS county?

I have a custody case that was originally closed in Madison County, Mississippi. All parties involved now reside in Hinds County, Mississippi, and there are no known stipulations from the original case. There have been no discussions about transferring the case. Can the case be reopened in Hinds... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: How can I establish paternity and gain custody in Mississippi?

I am the father of my child, and her mother has given temporary custody to a family member without my knowledge. There is currently no existing custody order, and I plan to establish paternity through a DNA test and then seek full custody of my daughter, especially since the mother is expected to... View More

0 Answers | Asked in Gov & Administrative Law and Family Law for Mississippi on
Q: Can CPS require a drug test if I live with someone who has a case?

I live with someone who has a CPS case against them, but there is no case against me. CPS is asking me to take a drug test, although they haven't provided a reason. I have had a previous case with CPS, but it was closed. Can CPS require me to take a drug test under these circumstances?

0 Answers | Asked in Family Law, Probate, Wrongful Death and Real Estate Law for Mississippi on
Q: Wrongful death claim and property rights after brother's passing in Mississippi.

My brother recently passed away, and he did not leave a will. His death was related to emotional distress following infidelity by his wife. My brother owned a house, and I do not want his wife, who was involved in the infidelity, to remain in the house. I am considering a wrongful death claim and... View More

1 Answer | Asked in Family Law and Probate for Mississippi on
Q: What do I do if while I was in the hospital my deceased husbands parents take over my house and land
Anthony M. Avery
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answered on Feb 28, 2025

Hire a MS attorney to sue the occupants for possession if you are the titled owner.

1 Answer | Asked in Family Law, Intellectual Property and Juvenile Law for Mississippi on
Q: For Adolescents under 18 in Mississippi can a parent/guardian call law enforcement to take computers/laptops from them?

I was wondering if it would be considered a waste of law enforcement resources over a dispute like this, and it seems out of the blue for something like this to happen or be questioned.

I have a few secondary questions as well.

- Does there need to be reason or is it legal at all?... View More

James L. Arrasmith
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answered on Feb 8, 2025

If you're under 18 in Mississippi, your parent or guardian generally has control over your property, including computers or laptops. They can take them away as a form of discipline, but calling law enforcement to do so would usually be considered a misuse of police resources. Officers... View More

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Mississippi on
Q: I allowed my brother access to my property ( my house ) via a quick claim deed on the grounds that it would be temporary

and it would be returned back in my name . I've asked him several times that I want to end the quick claim deed and have my property returned back in my name . This he hasn't done . I recently paid property tax and noticed that my name is not on the statement . In fact he has claimed my... View More

Anthony M. Avery
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answered on Jan 22, 2025

I am afraid that you had no idea what you were doing. You might hire a MS attorney to try to sue for a Resulting Trust or Setting Aside a Fraudulent Deed, but it is doubtful. If you have a written agreement or witnesses to the agreement, it might help. All interested parties are... View More

1 Answer | Asked in Family Law, Child Support, Intellectual Property and Juvenile Law for Mississippi on
Q: Can my parents take the car my grandparents gifted me? Also can they make me quit my job? Im 16.

Im 16 and my parents wont let me have my car, they wont let me go to work. Mind you the car was gifted to me by my grandfather. There also making me throw away the books I bought with my own money and the art supplies i bought with my own money. Is this legal as a 16 year old?

James L. Arrasmith
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answered on Dec 1, 2024

Your parents do have broad legal authority over you as a minor in Mississippi, even regarding gifts and property. While the car was gifted to you by your grandfather, your parents can legally restrict or prevent your use of it until you turn 18, as they're responsible for your safety and... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Mississippi on
Q: my childs mother is keeping my kid from me out of spitefulness. I have documentation saying I get her every other weeken

She lives in waterford ms. I haven't seen her in almost three weeks I miss my little girl incredibly. I have paper work and I've talked to the law enforcement and they said I need someone to file a contempt in contract? I think they said. I'm a little behind in child support cause I... View More

James L. Arrasmith
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answered on Aug 31, 2024

It’s clear you care deeply about your child and want to be a part of her life. Given that you have documentation proving your right to visitation, it's important to act quickly. Law enforcement is correct in advising you to file for contempt of court, which is the appropriate legal action... View More

1 Answer | Asked in Adoption, Civil Rights and Family Law for Mississippi on
Q: Looking for a civil rights attorney to deal with a cps case in Mississippi.
James L. Arrasmith
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answered on Jul 27, 2024

Finding the right attorney for your CPS case in Mississippi is crucial. Start by looking for attorneys with experience in civil rights and family law. These professionals can offer guidance and represent your interests effectively.

You can begin your search by asking for recommendations...
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1 Answer | Asked in Car Accidents, Child Support, Personal Injury and Family Law for Mississippi on
Q: How much will child support take out my personal injury settlement in Ms
Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 17, 2024

The answer is depends. First, how much are you getting in the settlement and how much do you owe in support. Based on the basic law in Mississippi, the DHS will want to recover as much as possible. If the child support lien can be fully satisfied while you still make any recovery, they will... View More

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: if child in MS don't further their education after high school and get a full time job do child support stop? if not why
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 13, 2024

If the child reaches 18 years old and either does not finish high school or does not go beyond high and does not get a job, then the Court can declare the child emancipated for the purposes of child support, which would then stop the child support payments.

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