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Mississippi Family Law Questions & Answers
0 Answers | Asked in Family Law for Mississippi on
Q: Can I request a CDL suspension for my childs father who has not taken care of her for 7 years?

Can I get him to sign his rights over because he has been absent her entire life

0 Answers | Asked in Family Law for Mississippi on
Q: Divorce question. How long can my husband NOT abide by the judge's order to pay alimony?

The judge ruled in December during pre-court hearing for spouse to make certain payments. He still hasn't made any effort to abide by the order. He closed our account and withdrew all of our money. The judge also ordered him to produce his financial records (gave him 30 days). He still has... View More

0 Answers | Asked in Civil Litigation and Family Law for Mississippi on
Q: What kind of lawyer would I need if its about two things : family POA void and trying to evict me issue?

Had POA for a neighbor whom family had not been around in 7years , they found out she was dying then come around and talk her into changing POAs and evicting me from my home.

0 Answers | Asked in Family Law and Child Custody for Mississippi on
Q: Is there a judgment timeline for MS Judges after custody trial?

Custody trial was Dec 15, 2023. Judge placed an order for the holidays and stated a final judgment would come following the New Year. We are now two weeks shy of approaching four months since trial. When requesting updates from our attorney, we are reminded there is none, and when received, we... View More

0 Answers | Asked in Family Law and Child Support for Mississippi on
Q: Can my mother's back child support be forgiven/waived in the state of MS if both of her kids are over 21?

My mother owes my father back child support from years ago. Both me and my brother are over 21 years of age and do not live with our father anymore. My father has not had a job in years and is collecting free money. I moved out when I was 16-17 years old. Is there anything we can do to have her... View More

0 Answers | Asked in Child Custody and Family Law for Mississippi on
Q: I want guardianship of my my child revised due to changes in lifestyle to the better. Asking for summer with child

She will be 18 in August and I haven't been allowed to see her but 3 times in 3 years. Daughter is currently failing school under the care of mothers brother and sister in law.

0 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Mississippi on
Q: How can a judge say that a person is guilty of child neglect when the child was negative for drugs at birth.

The mother was positive due to using a week before her giving birth but the child was negative for any kind of drugs. The mother went to court and the judge found her guilty of child neglect but no charges was put upon the mother.

0 Answers | Asked in Family Law for Mississippi on
Q: My father recently passed away and I found in his divorce papers that the house goes to her in his death can I fight it

There’s a clause that says release against husband estate the house is all he got in divorce

0 Answers | Asked in Family Law for Mississippi on
Q: What should I do about my Ex-husband Is withholding me.The money that's in court order papers?

I need help filing for Contempt of court he told Me in text message that I only have to opinions I could either agree with him or we fight in court

He keep telling the kids I could see them more only if i moved to Texas and I can't so not going Pay me anymore unless he's in charge

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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2 Answers | Asked in Family Law, Criminal Law, Elder Law and Federal Crimes for Mississippi on
Q: Louisiana-my dad purchased our family home with money he collected from a lawsuit injury over 25 yrs ago. Then married.

The title of the house and property is exchanged several times between him and his sister and eventually his ex-wife(25 yrs younger) is add. They've been divorced for 8 to 10 years now and she's suing him for community property. His attorney said it was a mortgage on the house that she... View More

James L. Arrasmith
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answered on Jan 13, 2024

In Louisiana, the "dirty hands doctrine" is not a recognized legal doctrine that would automatically prevent someone from claiming community property in a divorce case. Community property laws in Louisiana can be complex, and the outcome of your dad's case would depend on various... View More

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1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: In Mississippi, am I legally allowed to take my son out of the state either temporarily or permanently?

For a bit of background my son is now six years old, and the father has had no contact since he was approximately three months old. We were also never married, and there is no custody order in place given he chose to have no involvement. Does he need to be notified and/or give permission if I... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 5, 2024

Yes, you can take your child anywhere you want and for however long you want so long as you don’t have a court order preventing from doing that.

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: Can I be charged with kidnapping or any other crime in Pennsylvania for bringing my son home if his home state is MS

If I go get my son back from Pennsylvania where my wife has taken him can I be charged with kidnapping or any other crime from the Pennsylvania side the childs home state is Mississippi also assume there was no physical confrontation between me and my wife I go to Pennsylvania I get my son and I... View More

William R. Wright
William R. Wright
answered on Nov 26, 2023

I am not aware of all of the facts, and since I am not your attorney, I hesitate to give you advice on that question. I will say, hypothetically, that if there is no court order, I don't see how you could be charged with kidnapping. Again, I don't know all of the facts, and I am not your... View More

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