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Mississippi Family Law Questions & Answers
1 Answer | Asked in Family Law for Mississippi on
Q: Can you have co-guardianship with a niece and nephew?

Their parents are out of town frequently and I need rights for school, medical, etc.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 14, 2018

You must certainly can. All it takes is having the right paperwork in place naming the co-guardians.

1 Answer | Asked in Family Law for Mississippi on
Q: if my children live with there dad, is it ok that he leaves them with his wife for several days and nights?

I ask for more time with them constantly but I am told no. It seems like if he isn't at home with them then they should be with me. Am I wrong?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 12, 2018

Unfortunately, it doesn't work that way. The visitation order sets the bare-minimum that a non-custodial parent may see his or her children when not under the normal custody of the other parent, unless other (and very particular) circumstances are met which would justify changing custody... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Mississippi on
Q: Can a Chancery Judge be sued? If so, under what circumstances (i.e. what actions by the judge COULD warrant a suit)?

(Please change to Mississippi Chancery..Sorry. The mix-up is a long story.)

Thank you.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 10, 2018

You need to ask a Mississippi Attorney. There are no chancery courts in Alabama

1 Answer | Asked in Family Law and Adoption for Mississippi on
Q: My husband's ex has been out of our children's lives for 3 years. She calls every 2 to 3 months and I want to adopt

Our children refer to her as "strange lady". She has been on method this entire time but shows back up every 6 months to a year and swears she has found God and is doing better. She only calls every 2 to 5 months to ask to see them but my husband won't let her because of her drug... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 12, 2018

You need to get with an attorney, as you will have to go through the process of terminating her parental rights before you can go through the adoption process.

1 Answer | Asked in Family Law for Mississippi on
Q: My nephews mom does not have the means to care for him and wants to give guradianship to his dad and step mother

They do not have time to go through the court systems because school starts next week what are there options

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 3, 2018

They will need to either establish guardianship or a modification of custody, giving the son to the father. Even though school begins next week, it can be done through the court system in that time frame.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Does it look bad that I voluntarily agreed to supervised visitation?

I agreed out of court to supervised visitation. It's been 8 months and I want 50/50 and unsupervised. What are my chances?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 1, 2018

Well... as to the custody part, it is incredibly hard to modify custody, as it depends on whether there has been a material change in circumstances that negatively impacts the child, and whether the judge would believe that it would be in the child's best interest to modify custody. As to the... View More

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Durable physical and legal custody and non custodial, non visitian parent rights. Are there any rights afforded ?

My wife and I were granted durable physical and legal custody of our grandson after 13 months during which the father died of an overdose and the mother failed the courts instruction in every way. There was no visitian granted but parental rights were not terminated. What rights does the parent... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 1, 2018

It really depends on what your endgame is. If you want custody over your grandson, then you will need to petition the chancery court, and show that it is in your grandson's best interest that you be granted custody. I'm assuming, though, that this is a youth court matter, which has quite... View More

2 Answers | Asked in Family Law and Child Custody for Mississippi on
Q: My wife and I just had a baby last night. (We married) she tells me I don't have rights to say what her last name is.

She Didn't take my last name. I want the baby to have my last name. Do I have rights? Do I have a say so?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 19, 2018

Since the child is yours and born of the marriage, the child's name legally must be your name.

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1 Answer | Asked in Family Law for Mississippi on
Q: If my son is married but separated before his son is born does he get visitation

His wife told him we could come visit at her moms but the baby couldn’t come to our house until after six weeks of age

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 12, 2018

The six weeks is normally for health reasons; however, your son's best bet is going to be to get an order for temporary visitation until a divorce is finalized (assuming that they're going that route), or to sue for custody.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Can a 16 year old move out legally in Mississippi?

My step daughter wants to move from her mother's to our home in Wisconsin.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 12, 2018

Not unless there is a modification of custody.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Iv been had this baby since she got out the hospital at 3 months born she is a preemie now the mother want her back

I also have another of this same women children ive been had her 8 years she don't want her but won't sign her over

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 8, 2018

Your best bet is going to be to sue for custody over the minor children. Assuming that you do so, the judge is going to determine what is in the best interest of the children, and look to various factors when considering who should ultimately have custody over the minor children. Feel free to reach... View More

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: I have shared custody with my ex-husband. I am engaged to marry someone who has non violent felonies. What can happen?

The felonies are over 10 years ago.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 1, 2018

At this juncture, not a whole lot. In order for there to be a modification of custody, there has to be a material change of circumstances that negatively impacts the child, and even then, the judge has to review several factors to make such a determination. In your situation, you shouldn't... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My son was dating a young lady and she is pregnant now. She said it’s his baby but they broke up and she married an ex

Boyfriend. The baby is due in November. Does my son have any rights in Mississippi?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 16, 2018

He has rights if he establishes that the child is his. Mississippi law presumes that a child born during a marriage, even if conceived before the marriage, is considered a product of that marriage. His best bet is going to be to get with an attorney to initiate a paternity action.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: So I havent knowm my daughter for 4 yrs. I found out shd was mine when she was 2. Can i terminate rights?

By the time i found out i had recently gotten married and had another daughter and moved into my own home with a new job.

I now have 2 kids and a son on the way and havent seen my other child in 2 years.

I havent been put on the childs birth certificate or had child support instated.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 9, 2018

Glad to see another Cleveland person in this! First and foremost, I'd be curious to know whether there has ever been a court order acknowledging you as the father. Unless you've held yourself out to be the father, or a judge has determined that you are the father, then you do not... View More

1 Answer | Asked in Civil Litigation and Family Law for Mississippi on
Q: Chancellor closed case (Clean Hands against CP for not allowing visitation), but a PO was in place...did he err?

Complicated case-BIG NOTE: the chancellor who saw the case, had never seen it before and we had been fighting for 4 years through DHS. The NCP used every excuse to avoid paying (complained about not getting visitation one day, but then requested paternity another, said he needed to obtain legal... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 9, 2018

It sounds like you need to get with an attorney ASAP, as it does sound fairly complicated.

1 Answer | Asked in Family Law for Mississippi on
Q: Is there any lawyers that will be willing to take a family law case pro Bono?

I am in a very difficult situation. I am having a rough time right now, but I need a lawyer for divorce and custody that can help me in Jones county. The case will not be an easy one. The divorce I will give him. Custody is the issue we can not seem to workout. He is keeping our two children from... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 25, 2018

You may need to try getting in touch with a legal aid organization, such as Mississippi Volunteer Lawyers Project or North Mississippi Rural Legal Services. You may also be able to reach out to some local attorneys to discuss the possibility of alternative fee arrangements, such as payment plans,... View More

1 Answer | Asked in Family Law for Mississippi on
Q: school and custody? Can the father stop me from enrolling my daughter.

My husband and I recently separated

I moved to another state. He took the children from me. We do not have any custody papers in place at this time. If I go to the state he is in and get the children and bring them back to my state and enroll my daughter in head start in my state can he... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 24, 2018

Not necessarily. From the sound of it, you need to talk with an attorney immediately. Until such time as a judge intervenes and determines custody, visitation, etc., both of you have equal say in where the children go to school, where they live, etc.

1 Answer | Asked in Family Law for Mississippi on
Q: What are my legal rights in this situation?

My husband is out on bond due to manslaughter charges for killing his brother. However he is living with this sister in law, has taken the kids from me, does not always want me to talk to them on the phone and is insisting I have to come to Mississippi to see the children under his supervision. I... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 23, 2018

As a mother, you have equal rights to the children until such time as you are divorced. Neither you nor he can withhold the children from the other, unless there is an imminent threat to the children, and you have a judge sign off on a temporary custody arrangement until you are divorced.

1 Answer | Asked in Family Law and Divorce for Mississippi on
Q: I am married and separated for two years. I have a baby on the way with my boyfriend. Can I get divorced in Mississippi?

We also have a 6 year old son. Who was born in Alabama before we were married.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 20, 2018

In Mississippi, you can receive either an irreconcilable difference divorce (where both agree) or one based on cause (desertion, etc.). Assuming that you live in Mississippi, you would be eligible for a divorce in the county in which you live.

1 Answer | Asked in Family Law for Mississippi on
Q: How can I change my daughter’s last name to mine, without her fathers permission. He has been in and out of her life and

Has never paid a penny of child support. I’m not very hopeful I’ll be able to change it because he objected to it when she asked if she could have my last name.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 23, 2018

Typically, to change a last name, a person would need to file a petition with the chancery court in which they live, requesting a name change and amendment to their birth certificate. As this is her last name, she would not only have to notice her father, but also the Mississippi Department of... View More

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