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Mississippi Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Who would have custody of my daughter on just a Gardian ship paper I never signed but wife and her mom did

My wife signed papers to let our daughter go to school at her mom's well now she thinks that she has custody of our daughter and the police will not give her back to us I don't have mny for a lawyer and the paperwork is way outta date can I do anything to get my daughter back

Arthur Calderon
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Arthur Calderon
answered on Apr 4, 2018

You may be able to petition the court to ensure that your daughter is returned to you. Typically, guardianships are temporary, and may terminated at any time by the party who authorized the guardianship. Your best bet would be to gather any and all necessary legal documents related to the... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My brother died November last year. He had 2 kids by his wife. Now she is not letting our dad see them.

I am just wondering if there is a time limit that grandparents have before they can try for visitation? She has blocked all communication with them.

Arthur Calderon
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Arthur Calderon
answered on Apr 2, 2018

The sooner your father acts, the better. In Mississippi, grandparents do not necessarily have visitation rights with their grandchildren, unless very particular circumstances are met. With your brother having passed away, that opens the door to allow grandparents' visitation; however, your... View More

1 Answer | Asked in Family Law for Mississippi on
Q: Can my son's father get custody if I have messages of him telling me to have someone else claim the baby as their own?

My son's biological father sent me texts messages telling me to have my boyfriend claim the baby and raise him as his own because he was with me while I was pregnant. I have other messages of him telling me I'm not going to have his baby and other messages saying he's basically stalking us.

Arthur Calderon
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Arthur Calderon
answered on Apr 2, 2018

It may be difficult for him to obtain physical custody over him; however, in Mississippi, the presumption is that both parents are entitled to joint legal and physical custody over the minor child. That being said, the joint physical custody is not the norm, and instead a court will look at... View More

1 Answer | Asked in Family Law and Immigration Law for Mississippi on
Q: My wife to support her mother to come to live to America without my permission is it legal?

Can I bring law sue to them ?

Rehim Babaoglu
Rehim Babaoglu
answered on Mar 30, 2018

I am assuming your wife petitioned for her mother to come to live in the USA. An I-864 affidavit of support was required to be furnished, which is a contract with the US government that she would be financially responsible if mother ever took welfare or benefits. If you signed the I-864 you would... View More

1 Answer | Asked in Family Law and Wrongful Death for Mississippi on
Q: my father was shot and paralyzed a long time ago they run the per out of town he died as result of gunshot years later

Also it was premetatated Can i get a wrongfull death case in mississippi

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2018

Unlikely but possible, but the problem is if the person that killed him has no assets or income you will get a sheet of paper that is worthless and you have to spend a lot of money along the way.

1 Answer | Asked in Family Law and Bankruptcy for Mississippi on
Q: if being sued for restitution of medical bills can u file bankrupecy to keep from paying restitution
Baskin Lowber Jones
Baskin Lowber Jones
answered on Mar 20, 2018

Medical bills should be dischargable in bankruptcy. Consult a Jackson Bankruptcy attorney.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: DHS was called on my relative. He was ordered to stay away from his children for 30 days. What are his parental rights?

There have not been any court orders regarding any aspects of this situation. He doesn't know what his legal rights are as a parent since DHS is involved.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2018

It sounds like this may be something that went through youth court, which means that there may be allegations of abuse and/or neglect. Usually, there is an order established that limits any contact with the children while DHS conducts its investigation.

1 Answer | Asked in Family Law for Mississippi on
Q: As long as I am graduated could I move out?

I am a senior in high school who is 17 and pregnant. I live in a house with 3 siblings, my mom, and my grandparents. It is very stressful and one of my brothers is a danger to my soon-to-be child. My boyfriend and his family are supportive of my pregnancy and would like me to move in with them in... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2018

Generally, you'll need to be emancipated to go out on your own, unless a parent or guardian transfers custody or establishes a guardianship over you by someone else.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: Which last name will my baby carry the day it's born?

I'm married and pregnant. My husband is not the father. The father is incarcerated and might be there when I give birth.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 11, 2018

In Mississippi, a child born while the mother is married is presumed to be the product of the marriage, which means that the law presumes that your husband is the father. You will need to consult an attorney to walk through the process to determine paternity, especially in light of you still being... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: Does my husband have rights to his 12 year old son that he has never seen and we are now being asked to pay...

At this point no test has been done but if he is my husbands son and we are ordered to pay child support do we have the right to establish a relationship with him...

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2018

In Mississippi, a parent has a right to maintain a relationship with his or her child, regardless of whether they have physical custody over the child. You will likely need to talk to an attorney to gather additional facts, such as whether there was a custody order ever established, and what sort... View More

1 Answer | Asked in Family Law for Mississippi on
Q: My ex husband is wanting to voluntarily terminate his parental rights in MS. Can he do so if I am not married?

Can he voluntarily terminate his rights if I am not married? What are the factors in terminating parental rights voluntarily?

Baskin Lowber Jones
Baskin Lowber Jones
answered on Mar 14, 2018

This is outlined in the statute:

93-15-111. Termination by written voluntary release. (1) A parent or an interested person may petition the court to accept a parent's written voluntary release that relinquishes all of the parent's parental rights to the child.

(2) The...
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1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: This is a letter I received from my dad about my kids. I am wondering if its even possible to do and what I

You and your husband, both of you, will appear before a judge of your own choice. You will obtain a court order from the judge. The court order will state that in the future, if you or Lou, either of you make any attempts to deny me my right to see and visit with my grandsons, you, and or Lou,... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 7, 2018

You need to consult an attorney ASAP. This case goes directly to grandparents' visitation rights, which are limited in the State of Mississippi. In Mississippi, a grandparent is only entitled to visitation with their grandchildren if very specific requirements are met. The analysis hinges on... View More

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: My fiance has a court order for child support which he pays. Mom refuse and blocks him from seeing child. What do we do

We are getting married next month and she often refuses his calls or blocks his calls and text when she feels like it. He actively goes to the school just to see him and spend time with him. When she gets her child support payment (which he pays faithfully) depending on her feelings at that time... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 5, 2018

It sounds like she may be in contempt of court. There should a court order outlining visitation, in addition to child support. If there is indeed a visitation schedule, then she is required to follow that visitation schedule at a minimum.

1 Answer | Asked in Family Law for Mississippi on
Q: My stepson has beem living with me for 3 yrs can i file abandonment against his biologocal parents

My husband and i have been separated and when i left my stepson came with me and his bio parents dont do anything to help we live in a totally different state

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 4, 2018

Unless there is a previous custody order in place here in Mississippi, you will likely need to consult with an Alabama-licensed attorney.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My child's bio dad committed murder, of a 7 month old baby. Can I terminate his right. Hes had No contact for 2 years

Hes had no contact with my child for 2 years. And had limited contact prior to then. He is currently on prison for capital murder.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 1, 2018

Generally, a parent's rights can be terminated if they have gone a specific time without voluntary contact with their child, as well as based on other factors. Your best bet would be to consult with an attorney to discuss the unique facts surrounding the lack of contact, and to assess the... View More

1 Answer | Asked in Family Law for Mississippi on
Q: Where would I look to find the results of a court ordered paternity test?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 1, 2018

Depending on where the case is at in litigation, it should be integrated into the case file.

1 Answer | Asked in Family Law for Mississippi on
Q: My ex is living with her boyfriend. i have asked that she not leave my son with him without her there. and she did it

She is the custodial parent. We are already going back to court in a couple of weeks for joint custody. Can i do something about her leaving him with this guy she is dating that i dont know? He is 6.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 1, 2018

It depends on what the custody order says. Oftentimes, there is special language in custody orders that explains that a parent cannot have overnight guests of the opposite sex when the child is with them unless they are related by blood or marriage. Regardless, it sounds like something that should... View More

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: Can my wife keep me out the spare bedroom?

On Jan 17th 2018, the wife ask me to leave the house, since then Ive been staying with friends and family, I am unemployed, and asked her if I can come home and stay in the spare bedroom until we get a divorce. She gives me a "not no, but hell no". isnt this still my house as well?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 1, 2018

It depends. Is the deed to the property in both of your names? Assuming so, you may have a legal right to be on the property, absent any other circumstances.

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: My wife ask me to leave our home on Jan 17th 2018. Since then, I have been bouncing around betweeen family and friends.

I asked my wife if I could come back home and stay in the spare bedroom until the divorce is final, but she said no. My question is, can she do that?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 1, 2018

Depends on certain things, such as whether the marital property is in both of your names, the circumstances of the separation, etc.

1 Answer | Asked in Family Law for Mississippi on
Q: Can a woman have her child's father name removed from birth certificate and persue another man as her child's father ?

It has been 12 years since these twins were born and she now wants to persue a married man as the father and seek monetary support.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 1, 2018

She may attempt to change the father's name on the birth certificate, but only under very particular circumstances, such as a DNA test establishing paternity.

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