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Mississippi Family Law Questions & Answers
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
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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
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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
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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
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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
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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
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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
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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.

1 Answer | Asked in Family Law and Real Estate Law for Mississippi on
Q: My mother passed in 2018 my father is still living on said land that was in both their names. What are my rights

She had no Will.

Anthony M. Avery
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answered on Jan 16, 2023

Hire a MS attorney to search the title and determine ownership.

1 Answer | Asked in Family Law and Landlord - Tenant for Mississippi on
Q: Can I stop my uncle from moving into my grandmother's vacant property if I have power of attorney?

My grandmother has gone to live with one of my uncles in another state, leaving her property here vacant. Another one of my uncles decided he wanted to move into the property and is starting to do so. I have had power of attorney for my grandmother for over a year now and want to know if there is... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 8, 2022

Depending on what the POA allows you to do, you may be able to file an action against him to prevent the move or an eviction if he has already moved in.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Mississippi on
Q: If you are legally prescribed suboxone by a doctor can a judge refuse custody an visitation due to taking it

I took a drug test and that was the only thing in my system and I go to a doctor who legally prescribes the suboxone to me

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 5, 2022

If the Judge finds that you are not taking the medication as prescribed, he/she can deny custody or restrict visitation. If you are monitored by a physician, take the medication as prescribed, have had no relapses in your original addiction, and have not had any adverse incidents, you will probably... View More

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: What if a child has been in cps custody for 6 months and the mother passed drug tests except for one, what happens?

Will cps stop the reunification plan and child will be adopted? Will they give mother another chance to prove that she can stay clean?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 28, 2022

Normally, it takes more than one failed drug screen. However, the mother must follow and complete her service plan, remain sober, and meet all of the requirements.

1 Answer | Asked in Adoption, Family Law and Child Custody for Mississippi on
Q: We are wanting to get guardianship of a 15 year old girl. Her parents will sign the paper. How do we go about this?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 26, 2022

A lawyer will draft a petition for the guardianship, which will need to be signed by you and your husband. Additionally, the child’s parents will either sign the Petition or a waiver. An Agreed Judgnent allowing the guardianship will be signed and then presented to the Judge for his/her... View More

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My son is now 18. But his dad owes 11,000 in arrearage through DHS, who has not been enforcing. What are my options

His original payment was based on unemployment income years ago. He makes significantly more money the last few years and DHS said o

It was supposed to increase three years ago when I asked for a review and they sent him letters but never followed through. He has three storage buildings... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 21, 2022

A couple of things is going on here.

1. If your son is 18, what is he doing as far as school, employment, living arrangements, etc. he may or may not be emancipated.

2. If he is not emancipated, you should hire a private attorney and file for an increase in support. DHS usually...
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1 Answer | Asked in Family Law for Mississippi on
Q: Can a father in Mississippi take his 16 year old daughter to live out of state if she wants to live with him

Th child is living with her grandmother and on her hud housing she wants to go with dad mom doesn’t want her to go since it will ruin the benefits they get for her

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 11, 2022

It depends who has physical custody of the daughter by court order. If Dad does, then, yes, he can take her. If Mom or Grandmother do, then no. If there is no court order, then the question is open; however, this will necessitate filing an action in court to settle the issue.

1 Answer | Asked in Family Law and Education Law for Mississippi on
Q: Can my child be enrolled under a former last name if the order was made to change and it has been changed for +1 year?

I, Dad, have joint legal custody, whereas 'Mom' has paramount physical, custody, and care. In the order, I was granted permission to change one of our daughters' names (Child S) as the other already had my last name (Child F). Child S is enrolled in school as SR instead of SH. She... View More

David Luther Woodward
David Luther Woodward
answered on Oct 3, 2022

You certainly recognize the problem, and the fact that a lawyer could help. You can order a birth certificate at the clerk's office in the county where she was born if it is in Florida. In other situations, contact the Bureau of Vital Statistics for the state of birth.

Once you have...
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1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My ex is trying to stop me from seeing our 5 year old daughter an has her around her new boyfriend,what do I need to do

I've been paying child support since she was born an I'm on the birth certificate,an she is making my daughter think that I don't won't to come see her but she won't let me,she took off with her an left her home an had her around her new boyfriend the next day,an I... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 21, 2022

You need to hire an attorney and file a paternity action, asking for your rights as a father, including visitation rights. Do not go through DHS because they cannot handle the visitation issue.

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