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Mississippi Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Mississippi on
Q: Can Ms cps stop parents from getting medical updates from hospital on baby? I have been cooperating and very involved

My baby is in NICU. MSCps took custody this week. I have called hospital every single day since she was born to check on her. They have restricted the hospital on giving me, her mother, any info. I have done andor currently everything they have asked. They said bc they havent heard my voice in... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 10, 2021

Yes, you have the right, as her mother, to receive medical information of your child, unless you were using that information in an inappropriate manner. If CPS continues to interfere with this right, you may have to contact the social worker’s supervision or go to court and ask that any such... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a person who voluntarily terminated their parental rights be allowed to visit and/or interact with the children?

What are the rights of the other parent in these instances?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 24, 2021

Whether or not the terminated person is allowed to visit with the child is totally up to the discretion of the parents. The terminated person has no legal standing to demand contact with the child.

1 Answer | Asked in Family Law and Civil Litigation for Mississippi on
Q: My son has someone else’s car parked on my property and I want it removed. Am I within my right to have it towed?
Hiten H. Patel
PREMIUM
Hiten H. Patel
answered on Sep 23, 2021

Yes. If you did not give permission to the owner to allow them to park the vehicle on property that you own.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: Can I change the name the child support case is in from my mother to me as I'm now over 18 and not living with her?

My mother has been getting child support for me for years. My father still has quite a bit of back pay remaining. I no longer live with my mother, am over 18. She still has the card that the child support money is deposited on and is using it for her own needs. Even when I was living with her she... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 17, 2021

I cannot tell you that it is impossible to do what you are asking; however, I can tell you that I have not seen it happen in the 20+ years that I have been practicing. MDHS is going to assume that your mother used her funds to support you during your minority; therefore, the arrearage amount is... View More

1 Answer | Asked in Tax Law and Family Law for Mississippi on
Q: If I have paid back taxes on my parents property, as well as kept them paid . Am I entitled to it ?

I am executer over estate. Original plan was for me to buy out my siblings. We cannot agree on a price bc they want 20k more than appraisal. This has been going on for 3 yrs now. I have paid ALL expenses, including 5 yrs now of taxes. The 2 yrs behind my mother owed and the3 since her passing.

Randall R. Saxton
Randall R. Saxton
answered on Sep 15, 2021

No, merely paying the property taxes does not entitle anyone to the property.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: My husband’s kids mother is willing to sign her rights over to him does that still require a lawyer to do so?
William R. Wright
William R. Wright
answered on Aug 16, 2021

A lawyer is not required to be retained for a parent to terminate her parental rights. Likewise, your husband could perform his own vasectomy without a doctor if he chose to do so. But he wouldn't do that, of course. Believe it or not, a parental termination case is just as serious as a... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: My best friend is being raped by her husband and needs to leave state with her two kids. She lives in Mississippi.

I need to figure out how to get them legally out of state. They are coming to Michigan and I want to make sure that we do this right.

William R. Wright
William R. Wright
answered on Aug 5, 2021

This is a terrible situation. I am assuming the two children are also your friend's husband's children. There is no law prohibiting her travel out of state with her children. If Michigan is where she has friends or family, that is the logical destination for her on a temporary basis. If... View More

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: I’m court ordered through DHS to get $160 but I barely get it. If I closed the case & used a lawyer could I get more?

He has like 5 other child support cases but his oldest two kids are grown. My child is 10. He feels like as long as I have him on child support through dhs he doesn’t have to do anything else so he wants me to close my case so that the arrearage won’t add up. He keeps changing jobs and... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 24, 2021

First, if you drop the case with DHS, the arrearage will continue to accrue. Second, generally, child support is based on a net income figure for the paying parent and any previously court-ordered child support, not the number of children he has. If his older children have emancipated, they cannot... View More

1 Answer | Asked in Family Law for Mississippi on
Q: Is alimony and child support awarded by the court in Mississippi a public record?

I have a step daughter whom was married and divorced over three years ago to a prominent doctor. They had three children all minors born from the marriage. I continue to support her as she said she receives zero alimony or child support from the ex husband. I have gone by her word in this matter.... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 20, 2021

The court records are open to the public. Go to the chancery court in the county where the divorce was entered. Give they clerk her name and her ex’s name and ask to see the file. The final Order will be there.

2 Answers | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: My husband had a child with someone else but the child was taken by CPS because she failed a drug test after childbirth.

CPS ended up giving him custody and she signed her parental rights over to him. A year later he asked me to watch him while he went to rehab. He ended up leaving it early but he let me continue to watch him. Almost a year after he came back the birth mom was incarcerated and he committed suicide... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 1, 2021

If her parental rights were terminated, then she cannot come back and reclaim custody. The best thing you can do is to hire an attorney and petition the court for custody yourself. You do not say whether or not there are other family members available for the child. This, of course, may complicate... View More

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1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My husband and I remarried in 2020. He is a disabled vet and doesn’t pay taxes. I filed a joint tax return at the end.

They took the taxes even though he doesn’t pay taxes to pay back child support on our case. The case was closed in March after they took our taxes. However, we still can’t get out taxes released

William R. Wright
William R. Wright
answered on Jul 17, 2021

I really don't have enough facts to be confident about my answer. However, I am assuming you meant that the IRS took your refund. If either joint filer has a back child support issue, any refunds can be confiscated by the IRS. I don' t believe that the IRS will release the confiscated... View More

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: What does it mean if you get a letter from DHS saying This is an arrears only case. There is no obligation to review

I was paying back child support and I just got a letter from DHS saying: This is an arrears only case. There is no obligation to review. What does this mean

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2021

The letter means that DHS is attempting to collect a debt of past due child support only, not current support. Also, the agency is not reviewing the file in an effort to increase the monthly support amount.

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: Can a sperm donor who helped a same-sex couple have a baby pursue rights to the child if he signed papers with a notory?

The biological mother and her partner are both on the birth certificate and in the agreement signed by the sperm donor and the mother states that he would not pursue any rights and that the biological mother has the right to appoint whoever she wanted as the other parent of the child.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2021

The first consideration for Chancery Court is the best interest of the child. The contract between the donor and the birth mother is only one piece of evidence to be considered. The donor may be able to contest the arrangement and seek visitation with the child. However, it will not be an easy... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a non-custodial parent's visitation be restricted to supervised if she is suicidal?

The children are 10 year old triplets and have been in the father's custody for 8 years. Mother has visitation. Last night, mother sent text messages to all 3 of the children on their cell phones threatening suicide. What steps will have to be taken and is it possible to have an emergency... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2021

Yes, an emergency hearing would be available to the custodial parent in this situation with or without notice to the noncustodial parent, depending on the circumstances. However, steps should be taken to file such a motion immediately. Once the emergency has passed, the custodial parent will have... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: A sibling has custody of brother, the dad wants to see him after being out of prison for months. Child has expressed

He doesn't want to see him at all because after getting out of prison the first time he went back to jail months later and even after getting out the second time he choose to go back to his same ways not trying to see child until months after being out now the kid just choose not to see him at... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2021

You don’t say how old the child is, so the quick answer is maybe. If contact is denied to the father, he will have to petition to court for either visitation rights or some kind or contempt if there is an Order in place establishing his visitation rights.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: My friend’s mother filed for custody of her daughter. She was awarded based on lies. How can she get custody back?

My friend was with a man who her mother did not approve of. Her mother would keep her most of the time while my friend worked. Her boyfriend at the time went to jail. Her mother filed for emergency custody, lied and said she brought her daughter to the jail for visits, again lied and said she was a... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2021

Your friend will need to hire an attorney for this one. She will have to file for a modification of the present order and request custody. She will have an uphill battle and may be successful in only gaining incremental gains over time. In other words, it may take more than one filing over time.... View More

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: i just need to know how where and what to do to get a child modification in mississippi..

they are going off of my income from YEARS ago. and i no longer work due to health problems. i was counting on the stimulus to pay my bills but i got a paper saying they took my taxes due to child support. when i look on the website it doesnt give me any answers just more run arounds

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2021

You need to file for a modification of the last court order requesting a decrease in your child support amount. You will have to show a decrease in income since the entry of the last order that was caused by circumstances beyond your control. In other words, you didn’t voluntarily quit your job... View More

1 Answer | Asked in Consumer Law, Family Law, Legal Malpractice and Small Claims for Mississippi on
Q: How can I legally access my deceased fathers lawsuit settlement?

My father passed a few months prior to a settlement being reached in a class lawsuit. I reached out on his behalf and was told to submit necessary documents(death certificate, affidavit, etc). I did so by certified mail to insure proper delivery. Yet they've still refused to relinquish his... View More

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2020

A Mississippi attorney could advise best, but you await a response for four weeks. I'm sorry for the loss of your father. It looks like you already made diligent efforts. Ask the case administrators at the firm what further information is necessary. This might be something where more than... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My daughter turns 12 next month and wants to live with me full time. Can I do this myself at a courthouse w/no lawyer?

I understand that the child can choose which parent they want to live with if they are 12 or older, even though the judge has the overall decision on the matter after an interview with the child. Now to my question. Is having a lawyer required for this process? Or is it something I can go to the... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 22, 2020

It is something that you can attempt to do yourself; however, when it comes to custody matters, many judges throughout the state require that the parties be represented by an attorney.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: How can my husband get custody of my 3 children from their mother, who has full custody?

My husband and I have had his 3 children for 6 years. Their mother has full custody of them, but she has nothing to do with them. Maybe twice a year she sees them. Sometimes, she will show up and take them out of school, only to drop them off with us after a month or two and never show back up. She... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 16, 2020

From the sound of it, you have a decent shot at modifying custody so that he has custody of the kids. The problem that comes into the play would be the back child support, because that continued to accrue even though the kids were living with you. I would highly encourage you to reach out to a... View More

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