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Mississippi Family Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: Mississippi child support, I am unemployed but remarried, is my husband, not children's bio dad financially responsible

My new husband makes significantly more annual income than my ex husband and children's bio dad, now bio dad is taking me to court to modify child support amounts because of marital changes, but now I have no actual income of my own. Bio dad and I have joint legal custody, however I have... View More

0 Answers | Asked in Family Law and Child Custody for Mississippi on
Q: How do I get an emergency motion form to file in youth court?

The minor child was taken out of the state by his father, against court order. The father does not have joint custody. He has visitation. He will not return the child to the mother. He has missed over two weeks if school.

0 Answers | Asked in Family Law, Adoption and Child Custody for Mississippi on
Q: I need help my daughter lost her rights to my grandson and I don't get to see him anymore bc he has bn adopted is there

Anything I can do as his grandmother I love and miss him deeply do I still have any rights to my grandson

0 Answers | Asked in Family Law for Mississippi on
Q: What are steps to file a lawsuit against Mississippi department of child protective services?

Cps removed my children from home based on medical neglect without proper protocol, no court order,no investigation, no evidence and no explanation to why cps continued the case knowing the removal of my children was not proper grounds for removal.

0 Answers | Asked in Family Law, Real Estate Law and Landlord - Tenant for Mississippi on
Q: My father bought a mobile home from his brother and we've been residing on his land for 20+years. Can he make me move?

My father passed away a year ago and I have been bothered by his siblings to move from the place my father and I made our home. I took care of my father before he passed and I'm struggling right now, but his family keeps being pushy. I currently have no vehicle, nor do I have any extra money... View More

0 Answers | Asked in Family Law for Mississippi on
Q: Are there steps to get custody of my children back if my children were permanently placed with grandparent?

During two follow up appointments(two week apart) for my at the time,4 month old son,the physician called cps to say my son lost 11 ounces of weight and that he needed to be readmitted back in the hospital after 1) born premature 2) remained hospitalized the first 3 months of his life due to... 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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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

1 Answer | Asked in Child Custody, Divorce, Criminal Law and Family Law for Mississippi on
Q: My wife took our 1 yr old son to PA from MS because I wanted a divorce what would happen if I went and took him back

Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses... View More

William R. Wright
William R. Wright
answered on Nov 24, 2023

You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could... View More

1 Answer | Asked in Child Custody, Juvenile Law and Family Law for Mississippi on
Q: Can CPS terminate a parent's rights for no reason
T. Augustus Claus
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answered on Nov 14, 2023

No, CPS (Child Protective Services) cannot terminate a parent's rights for no reason. CPS can only terminate a parent's rights if there is evidence that the parent has abused or neglected the child. Abuse includes physical, sexual, or emotional abuse. Neglect includes failing to provide... View More

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