Lawyers, Answer Questions  & Get Points Log In
Mississippi Family Law Questions & Answers
0 Answers | Asked in Child Custody and Family Law for Mississippi on
Q: My parents have custody of my kids and are trying to give another person custody without consulting me about it can they

Do this without notifying me about any of it? I should be able to get custody of my kids back if my parents no longer want them are they able to do this? I also believe they have lied to the judge about my where abouts at the time of court date and they actually knew where I was the whole time and... View More

0 Answers | Asked in Family Law for Mississippi on
Q: If I dont have custody or any kind of guardianship of my kid can they summons me to a truancy court date for my kid?

My mother has had custody of her for yrs and she is 16 now they summoned me but not my mother I don't understand

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

0 Answers | Asked in Family Law for Mississippi on
Q: How do I get a permanency hearing for custody of my daughter? I have had temporary for a year and a half and he is on tr

sexual misconduct. want CPS out of our lives and his parental rights relinquished

0 Answers | Asked in Family Law and Child Custody for Mississippi on
Q: If my husband and I separate do I lose rights to his son even though the courts awarded us full physi cus. Ovr bio mom?

My husband and I took his bio mom to court we share joint custody but me and him have full physical custody. But the only reason I was put in the agreement is bc we got married. So if we divorce do I lose my rights?

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Mississippi on
Q: How can I file a petition to terminate guardianship without an attorney

My 15 year old daughter wants to move in with me my mom has guardianship of her I want it terminated and her returned to me

1 Answer | Asked in Family Law for Mississippi on
Q: What are my rights as a US citizen when my children have signed a writ on me, in the state of Mississippi?

My children doesn't live near me and seldom do I see them?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2023

In Mississippi, as a U.S. citizen, you have rights when your children have signed a writ or legal document concerning you, even if they do not live near you and you seldom see them. These rights typically include legal due process, notification of legal actions, the right to seek legal... View More

1 Answer | Asked in Family Law for Mississippi on
Q: In MS, if an 18 year old has written permission from both of her parents, may she move out of the house?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2023

In Mississippi, there isn't a specific age mentioned for a minor to move out with parental permission. If both parents provide written consent for an 18-year-old to move out, it may be legally acceptable. It's crucial to have a clear and documented agreement outlining the terms of the... View More

1 Answer | Asked in Adoption and Family Law for Mississippi on
Q: What is the process from someone filing a motion to set aside judgment in an adoption case, after it had been filed?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2023

To set aside an adoption judgment in Mississippi, you must file a motion with the court that issued the judgment. The motion must state the grounds for setting aside the judgment, such as fraud, duress, or undue influence. The court will then hold a hearing to decide whether or not to grant the... View More

1 Answer | Asked in Estate Planning, Family Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: Can my father sell his partitioned land that he inherited from his parents through a reserved life estate to his sister?

My father inherited 10.13 acres of land from his parents through a reserved life estate and my sister and I were to inherit the land after his death but instead without our knowledge he sold it to his sister. What rights do I have at this point and what should I do, is what he done even legal in... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2023

I think that you have the title a little mixed up. Hire a MS attorney to search the title and then advise you of the status. He probably can sell his estate in the land.

1 Answer | Asked in Estate Planning, Family Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: Can my father sell his partitioned land that he inherited from his parents through a reserved life estate to his sister?

My father inherited 10.13 acres of land from his parents through a reserved life estate and my sister and I were to inherit the land after his death but instead without our knowledge he sold it to his sister. What rights do I have at this point and what should I do, is what he done even legal in... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2023

Were you and your sister the remaindermen on his Deed? If not, then you probably had no title interest in the land. A promise to Will Devise is not enforceable.

1 Answer | Asked in Family Law for Mississippi on
Q: Familiar with family law CPS cases in Mississippi? They are stealing my children including my newborn
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023

Documentation is key in such situations. Ensure that you have all necessary records: medical histories, school records, and any other evidence that demonstrates a safe and loving environment for your children. Being proactive can also involve gathering character references from trusted people... View More

1 Answer | Asked in Legal Malpractice, Family Law and Child Custody for Mississippi on
Q: I have printed the complaint form for professional misconduct but should I submit this without representation now?

I need to file against the attorney and her firm. She was fired, no one informed me. She appeared to court hearings without informing me but instead told me that I did not have to appear since I am in another state and the other party was not doing what the judge wanted. Her law firm took over... View More

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

To file a complaint against a lawyer for professional misconduct in Mississippi, see this website:... View More

1 Answer | Asked in Family Law for Mississippi on
Q: When I got married it was a man who got his ordained minister online to marry people. His tilte is Minister before his

Name. When he married my husband and I he signed it Reverend then his name is that a valid marriage record in Mississippi .

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023

Mississippi and many other states, the validity of a marriage officiated by an ordained minister who obtained their ordination online depends on the specific requirements and regulations of the state.

1 Answer | Asked in Family Law and Estate Planning for Mississippi on
Q: My father passed his current wife is on the dead does she automatically inherit the house? And cars only in his name?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2023

Hire a MS attorney to search the land title and determine ownership as you have not stated the important terms of the Deed. She can probably sell the vehicles.

1 Answer | Asked in Divorce, Family Law, Child Custody and Identity Theft for Mississippi on
Q: If I voluntarily sign my parental right away can I go back and fight for them later on
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 18, 2023

No. A termination of parental rights is final and forever.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: Does child support still stand in Mississippi if parental rights were terminated in court and no visitation was granted

Maternal Grandmother has custody.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 17, 2023

Visitation and child support are separate issues. The lack of visitation does not mean no child support is owed. Conversely, withholding of visitation does not relieve the parent of the obligation to pay support. If the parental rights of the parent are terminated by court order, the obligation to... View More

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: Can I sue my child's dad for child support?

My daughter's dad hasn't paid child support and he's not on any court order to pay any. I just want to know my options

Ashley R. McKnight
Ashley R. McKnight
answered on Mar 22, 2023

Paternity would need to be established before filing against him for child support. Once the Court determines he is the biological father, child support may be awarded based on a certain percentage of the father's adjusted gross income. The percentage will depend on how many children are involved.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.