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Mississippi Family Law Questions & Answers
1 Answer | Asked in Civil Litigation, Family Law, Probate and Wrongful Death for Mississippi on
Q: In a Mississippi wrongful death case is there a state law to say how the settlement is divided amongst family members?

In a wrongful death lawsuit for my brother, we have agreed on an amount and finished all things required by law. Everything will be completed on our court date in October. When we go to court will the judge or the executor decide upon the division?

Or is there a state law that requires the... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 11, 2018

In Mississippi, certain people may get first priority in terms of a settlement or award, depending on the facts of your case.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My ex let me take my kids from Mississippi to where I live in Oklahoma can she legally make me bring them back ?

There are no standing court order or anything in place at this time .

Ray Choudhry
Ray Choudhry
answered on Jun 27, 2017

If there are no prior orders, then you should file.

1 Answer | Asked in Family Law for Mississippi on
Q: If my child's father is incarcerated at the time of my child's birth can I still give the baby his last name?
Brian Lehman
Brian Lehman
answered on Mar 4, 2017

Yes. The father does not have to sign birth certificate, and you can put his name on it no matter where he is.

www.lehmanlawgroup.com

1 Answer | Asked in Family Law and Health Care Law for Mississippi on
Q: Are there any other options on emergency commitment without going through the chancery court? Need help now

Have exhausted all options and need to committ now rather than wait on court proceedings

Brian Lehman
Brian Lehman
answered on Feb 9, 2017

I don't see any other options, but consider contacting a local lawyer. Involuntary commitments required an Order of Commitment signed by judge and Patient Information Form.

This law firms says: http://kellumlawfirmpc.com/tag/involuntary-commitment-drug-addition-rehabilitation/...
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1 Answer | Asked in Family Law and Wrongful Death for Mississippi on
Q: I wanna file a wrongful death suit for my mother's death how many years do I have its been a while ago
Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2017

Assuming it's Mississippi it's 3 years I believe. Why not contact a member of the Miss. Assn for Justice--they give free consults.

1 Answer | Asked in Personal Injury, Libel & Slander and Family Law for Mississippi on
Q: Is it possible to sue your ex husband & his wife for damages due to extreme "parents alienation syndrome"?

I've had 22 surgeries & leg amputation since my ex took my kids. I recently received an email from my daughter & everything that she's been told have all been fabricated by her dad & his family. They are outrageousl! This has caused severe clinical depression & PTSD.... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 2, 2017

I don't see it but why not ask your divorce attorney?

1 Answer | Asked in Family Law, Child Custody, Child Support and Uncategorized for Mississippi on
Q: I've been in a relationship with my kids dad for 14 years, we just recently found out he is still married? What are my

What are my options since we've been together 14 years?

We never married. LOUISIANA does not recognize common law marriage

Paul Stanko
Paul Stanko
answered on Oct 1, 2016

Well, the good news is your kid's dad is not a bigamist. If he does get divorced, then he will be free to marry you. You can choose to continue your affair with him or not; you can also seek child support from him if you do split.

1 Answer | Asked in Family Law for Mississippi on
Q: How can I get my husband out of jail for child support can we pay percentage or file for house arrest just need to know

Need to know my options

Francis Springer
Francis Springer
answered on Jan 27, 2016

Most likely your husband is held on a Contempt of Court order by the Chancery Judge. Most Chancery Judges are reasonable about these issues. Your husband would best be served by having a lawyer represent him and get him back before the Judge to work something out.

This is not legal advice....
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1 Answer | Asked in Family Law for Mississippi on
Q: I'm in a custody battle and my child's father keeps smoking around my baby. 2 hospitalization 4 time sick in 1 Mon.

2 times hospitalization the doctor said its from smoke and 4 times sick in one month.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 10, 2015

It might be pertinent. If the judge smokes, I would consider asking that he or she be disqualified from deciding your case.

1 Answer | Asked in Family Law for Mississippi on
Q: my mom is trying to take my kids for trying to get back with my daughters father not biological but he on her birth

certificate she says he is unfit but dhs told us we wasnt and i have a disability so they say and she uses my doctors she said they will help her prove im unfit but im capable of work and righting out bills all that she took my phone and my computer told me i cant leave or take my kids stuff or my... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2015

This is a mess. You need to get an attorney on your side.

1 Answer | Asked in Family Law for Mississippi on
Q: How do i get a paternity test if the mother moved out of state just before having the baby?

My ex girlfriend claims I'm the father but moved to Nevada a month before the baby was due. She gave the baby her last name but now wants to change it on the birth cert to my last name. How do I go about finding out if its mine before agreeing? I live in MS and her, in Nevada.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2015

Have a full discussion with an attorney in MS and another one in NV.

1 Answer | Asked in Family Law for Mississippi on
Q: How to get x in court for contempt of court for not let me have visitation in over 2 years I live in pearl river ms

Asked the court clerk she said I have to have a lawer why cant I defend myself

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

You have to hire an attorney, just as the clerk told you.

1 Answer | Asked in Family Law for Mississippi on
Q: If i pay child support do i already have visitation rights
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2015

No. Visitation rights are not automatic; you need the court to enter an order providing for visitation.

1 Answer | Asked in Family Law for Mississippi on
Q: I have took care of my boys for last seven years without any help from father since we split he has child support warant

I hot arrested for old warrant which was due to him and they were false to i was incarcerated for three days and boys was in my familys care while I was in jail he got temporary custody of boys under false aligations and lied about where they lived in order to use county he lived in what do I need... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 7, 2015

Hire a family attorney where the case is pending.

1 Answer | Asked in Family Law for Mississippi on
Q: Can i sign my rights over on a child n mississippi

Can i sign my rights over on a child in mississippi if another man is on the birth certificate

Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Mar 18, 2014

The court should approve termination of your parental rights if it is in the best interest of the child.

1 Answer | Asked in Family Law for Mississippi on
Q: I need to add the surname to my childs birth certificate. Where do i do this and what all do i have to do? thanks!!!
Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Mar 18, 2014

Such a change would probably require a Mississippi Chancery Court order requiring the Miss. Department of Vital Records to change a Mississippi birth certificate. To make corrections or to make changes to a birth or death record, contact the Miss. Department of Vital Records Corrections Department... View More

1 Answer | Asked in Family Law for Mississippi on
Q: Is there a right to appointed counsel for poor persons in Mississippi family court?
Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Sep 16, 2013

In Lassiter, the Supreme Court found that the parent was not entitled to the appointment of counsel because the case did not involve 1) " allegations of neglect or abuse upon which criminal charges could be based; " 2) expert witness testimony; or 3) " specially troublesome points of... View More

1 Answer | Asked in Family Law for Mississippi on
Q: My boyf has to pay child and if he doesnt he is in contempt of court. he wants to move what does he have to do
Amanda Lingold Spencer
Amanda Lingold Spencer
answered on Apr 20, 2013

Where your boyfriend lives does not affect his child support responsibility. He will still be responsible for child support no matter where he lives. If his moving wll affect him exercising visitation then he will need to seek a modification.

1 Answer | Asked in Family Law for Mississippi on
Q: My child father hasnt been in her life nor do he want to so how can terminate his parental rights?
Amanda Lingold Spencer
Amanda Lingold Spencer
answered on Apr 20, 2013

To terminate his parental rights you would have to file a petition with the Chancery Court where you live. If there is an adoption to take place, he can voluntarily terminate his rights. You need to speak with an attorney and discuss your options.

1 Answer | Asked in Family Law for Mississippi on
Q: How would I transfer child custody agreement from previous state of residence?
Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Jun 7, 2011

Section 93-27-305 Miss. Code Annot. (2004)provides for registration of a child custody determination such as when the court that had jurisdiction declares that Miss. is now the child's home state. Otherwise, a petition can be filed in the Miss. county where the child has last resided for a... View More

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