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Mississippi Family Law Questions & Answers
1 Answer | Asked in Family Law for Mississippi on
Q: Can the father send me to court just because im putting my baby in daycare.
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 26, 2018

It really depends on the circumstances. Was there ever a custody order put into place? If so, what were the conditions of that order? Typically, in these situations, he may take you to court if you are in contempt of a previous order or if he is trying to alter the terms and conditions of said... View More

1 Answer | Asked in Family Law and Divorce for Mississippi on
Q: How can I qualify for an annulment?

In Title 93 - DOMESTIC RELATIONS Chapter 7 - ANNULMENT OF MARRIAGE § 93-7-3 - Causes for annulment of marriages it states;

(d)When either of the parties to a marriage is incapable, from want of age or understanding..

Does this mean the cause of an annulment can be that my spouse... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 26, 2018

Not necessarily. It tends to be a bit trickier to get an annulment rather than a divorce. In order to get an annulment, certain criteria have to be met, and those criteria are different than those required to get a divorce. Your best bet would be to contact an attorney to give them a rundown of the... View More

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: As a child my abusive father kidnapped me& kept me from my mother. Is it illegal for me to keep my kids away from him.

I really need to know. Please help me.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 22, 2018

It seems as though your question goes to grandparents' visitation rights. With that in mind, grandparents only have rights under very particular circumstances, such as incarceration of the parent, death of the parent, or termination of parental rights; provided that other conditions must be... View More

1 Answer | Asked in Family Law for Mississippi on
Q: My sister is 17 and she has been harassing me and my kids is there anyway i can file harassment charges against her?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 21, 2018

Generally, yes. If a person is told not to make any additional and they continue to do so, then they may be facing possible harassment charges.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: ex not following court order for visitation. other than being held for contempt of court order what all can I use

got court order for visitation and ex has not following them at all, haven't seen my kids in over 8 months

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 21, 2018

It depends on whether he is not exercising his right to visitation or whether he is going beyond the scope of visitation without informing you. With the way that most orders are set up, he cannot be forced to visit the children; rather, the order explains the bare minimum for when he can see them.

2 Answers | Asked in Civil Litigation, Construction Law, Federal Crimes and Family Law for Mississippi on
Q: what can i do about dhs and local law enforcement participating in an illegal search and seizure! And taking my child o
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 19, 2018

It depends on the facts of your case, and what reasons that DHS and law enforcement may have had for conducting the search and taking the child. Likely you will need to consult with an attorney so that they can find out more about your case and determine whether you have a viable claim.

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1 Answer | Asked in Family Law for Mississippi on
Q: If a presumed father is asking for a paternity test to prove he is the father. Do I have to let him see the baby?

He lives out of state I moved to Mississippi when I was 5 months pregnant. I will be visiting family near where he lives.

Also what rights does he have till paternity is proven if any?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 19, 2018

Generally speaking, unless certain circumstances are met, a parent has the right to have contact with his or her child. Your question requires more facts, like whether he is listed on the birth certificate, has held himself out to be the father, and whether you have also held him out to be the... View More

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: Can my friend go down to Mississippi and file for a paternity test for his child support case without a lawyer?

My friend lives in Chicago, IL and is currently homeless. He has a job which is where he started to see money taken out of his checks for child support. Some paper was sent to his job and apparently, he has two kids in Mississippi. He knows that those are not his kids but he does remember the... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 16, 2018

There are several legal aid organizations in Mississippi can help provide either pro bono or low bono legal services to someone; however, with him being out of state, that may exclude him unless the case falls within their guidelines. Otherwise, he may not necessary need an attorney to provide a... View More

1 Answer | Asked in Adoption, Child Support and Family Law for Mississippi on
Q: My ex husband is $20,483 behind in child support and he hasn't seen his children in 5 years I would like to have his

Parental right taken away. how can I have this done? I have no contact nor do i know where he is? Thank you

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 15, 2018

It's possible to terminate parental rights; however, additional information is necessary, such as the age of the children now, whether any attempt has been made to contact him, etc. You should probably consult with an attorney to get additional information, and so that they can walk you... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can my son be seen as the father of someone elses child in Mississippi?

My son & his ex separated October 2016 and divorce was finally June 2017. She lives in Mississippi and just had a baby on February 9, 2018. She knows who the biological father is but is claiming she needs personal info from my son to remove him from the birth certificate becy they haven't... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 11, 2018

It depends. The law in Mississippi is that a child born while the parties are married is presumed to be a product of the marriage; however, given the facts, 1) there should have been a provision in the divorce decree stating that she was not pregnant, and 2) there is a question as to why his name... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can my step son’s mother take him from us?

My step son is 6 years old. He came to live with us about 7 months ago when his mother started using drugs, sold her only means of transportation, and began floating from place to place. She has been back and forth between two men’s houses. One when she is using and the other when she wants to... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 11, 2018

It depends. There are a few questions that would need to be answered first. Was there ever a child support order put into place? If so, and depending on the court, there may be a blanket custody arrangement already established, which your husband may or may not know about (particularly if it was... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: How can a man get a paternity if he thinks he IS the father but the mother refuses and says he is not?

My son and his girlfriend broke up while she was pregnant after learning she had cheated. He continued to go to dr appointments and even had the gender reveal party with her. At around 5 months she says it’s not his and that she had a test. No test was shown to us and now the baby is born and the... View More

Baskin Lowber Jones
Baskin Lowber Jones
answered on Jan 8, 2018

A chancery court judge can order a paternity test after a petition to determine paternity.

1 Answer | Asked in Family Law and Divorce for Mississippi on
Q: My ex is allowing his new girlfriend to spend the weekend at his home with our children there. Is this legal?

We live in Mississippi. Our children are 14 and 17. Girl and boy. The divorce has been final for approx 2 months.

Baskin Lowber Jones
Baskin Lowber Jones
answered on Dec 14, 2017

Does your divorce agreement include something that says you agree this shouldn't happen?

If you believe that your children are in immediate danger there may be a remedy in the form of emergency action by the court.

2 Answers | Asked in Civil Litigation, Contracts, Family Law and Small Claims for Mississippi on
Q: Is a verbal agreement binding if specifics are not read into the record?

Both attorneys for each party verbally agreed to specifics in my custody modification, but when my attorney read it into the record she left out many details stating they would be in the paperwork. A month later those details were not included, my attorney made the corrections when I insisted I... View More

Stephanie E. Emanuel
Stephanie E. Emanuel
answered on Dec 10, 2017

Typical litigation case. You should consult with your lawyer to see what he wants to do. If you want a second opinion on a case or change your lawyers to better manage your case than don't hesitate to reach out for a free consultation with an attorney.

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1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: If the father is not on birth certificate and has been absent from child's entire life does he have rights?

He has been absent due to federal incarceration since before the child was born. He is not on birth certificate, doesn't give support, but did take a paternity test.

Does he have any legal rights to my child?

Baskin Lowber Jones
Baskin Lowber Jones
answered on Dec 14, 2017

The father will have rights until his paternity is terminated in a procedure called a termination of parental rights. There is a statute in Mississippi establishing when this sort of termination may occur.

1 Answer | Asked in Family Law and Criminal Law for Mississippi on
Q: If a case worker gets medical records from someone and the worker loses the records, is this criminal?

I'm a veteran which means he had signed for them which there's a paper trail.

Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 11, 2017

There is likely a claim for a HIPPA violation in this situation.

1 Answer | Asked in Family Law and Juvenile Law for Mississippi on
Q: Can i get married and leave at 18

Can i get married at 18 in a different state and move out of my parents house in Ms with out them being able to do anything

Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 11, 2017

Marriage is one grounds for the Mississippi Emancipation of a Minor.

0 Answers | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: Can I legally move out of Mississippi, while the father is paying child support?

I am wanting to move out of state soon. My daughter is 5 years old, ND we currently reside in Mississippi. My daughters father pays child support every month, but does Not have visitation rights. The father section of her birth certificate is blank. What are the steps that I should take to move?... View More

1 Answer | Asked in Family Law and Juvenile Law for Mississippi on
Q: My boyfriend got arrested and took to the Juvenile Detention Center do i have the right to know what's going on?
Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 4, 2017

There is a certain amount of information available online for the facilities which should include the charges they have him on and his hearing date.

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