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Mississippi Family Law Questions & Answers
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.

0 Answers | Asked in Family Law and Child Custody for Mississippi on
Q: Do I need to modify my custody agreement to remove travel and address notification requirements?

I have sole physical and legal custody of my child in Mississippi. The custody order requires me to notify the father 7 days before international travel, 3 days before domestic travel, and to update him within 5 days of any address change. It also limits visitation to holidays and the child’s... View More

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.

1 Answer | Asked in Family Law and Juvenile Law for Mississippi on
Q: hi im 17 but once i turn 18 do i legally have the right to buy whatever from online without consent of my parents?

and do i have legal control of my own money to buy whatever i want off of online even if the money was given to me as a gift do they have a right to take that if im 18?

James L. Arrasmith
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answered on Apr 21, 2024

Once you turn 18, you are considered an adult in most countries, including the United States. This means that you have the legal right to make your own decisions, including purchasing items online without the consent of your parents. However, there are a few important points to consider:

1....
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1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Elder Law for Mississippi on
Q: Is there an atty in MS who will take on cps & help grandparents-without fear of retribution from youth court system?

Grandparents being given misinformation after showing interest in fostering twin grandchildren who were addicted to cocaine at birth. CPS created repeated delays in court sessions on transferring infant children to grandparents custody. CPS requested that grandparents not get foster license because... View More

James L. Arrasmith
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answered on Mar 8, 2024

I'm so sorry to hear about the difficulties and frustrations your family has been going through trying to gain custody of your grandchildren. The delays and misinformation from CPS sound extremely stressful and concerning.

To answer your question directly - yes, there are absolutely...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Mississippi on
Q: What happens after protective ordrs are over.. Do you have full parental rights back
James L. Arrasmith
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answered on Feb 24, 2024

After a protective order expires, whether you regain full parental rights depends on the specific circumstances and conditions of the order. In some cases, the expiration of a protective order may automatically restore your parental rights to their previous status. However, if there were underlying... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: If alcohol monitoring is ordered in temporary hearing and all tests are passed can it be removed in final decree ?

My ex has a more experienced lawyer than I can afford and she brought into the hearing a public intoxication charge. We are granted joint custody with a breathalyzer during my weeks . I’m fine with it and doing great but I’m terrified in mediation or trial he will attempt to keep this order... View More

T. Augustus Claus
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answered on Feb 1, 2024

In Mississippi, the conditions set forth in a temporary hearing, such as alcohol monitoring, can be subject to modification in the final decree. If all alcohol tests during the temporary period are consistently passed and there are no further concerns about alcohol abuse, it's possible to... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Mississippi on
Q: If your marriage doesn’t work or compatible after marriage , what is the process for a divorce
James L. Arrasmith
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answered on Jan 29, 2024

If you are considering divorce due to incompatibility in your marriage, the process generally begins by filing a petition for divorce with your local court. This petition should state the grounds for divorce, which in many states can simply be "irreconcilable differences" or a similar... View More

2 Answers | Asked in Child Support and Family Law for Mississippi on
Q: Yes my daughter will be 20years old this November. And I was told she had actually moved out of hermoms @17 still paying

I'm still paying child support.shouldnt it have stopped by now?

T. Augustus Claus
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answered on Jan 12, 2024

In Mississippi, child support obligations typically continue until the child reaches the age of majority, which is 21 years old in this state. However, if the child is emancipated or has moved out of the custodial parent's home and is financially independent before reaching the age of... View More

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