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Mississippi Questions & Answers
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 Real Estate Law for Mississippi on
Q: I'm in contract with a cash for houses company to purchase my home. Can they back out now days away from end of contract
Anthony M. Avery
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answered on Apr 19, 2023

Read your Contract for a liquidated damages clause. If earnest money is involved, you may be able to keep it. Suing the would be purchaser for Specific Performance may be an option, but you must be ready to execute the Deed on the closing date at the right location. Consult with a MS attorney... View More

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: What do i need to do to to get the house in my name?

Grandmother left the house to my uncle through a warranty deed. Uncle passed 6 months after grandmother. Uncle left house to me through a will. Uncle never went and did anything to have the house put in his name other than the warranty deed grandmother did. What do I do now? I am the only one named... View More

Anthony M. Avery
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answered on Apr 13, 2023

If the Will is not filed for Probate then Uncle's Heirs own the property as tenants in common. If you and the niece are the only heirs, then you might get her to deed her interest to you, with a derivation clause describing heirship. Whatever you do, hire a competent MS to search the... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: In MS. 2 own property:husband&wife. wife dies intestate with 2 children. Can her husband get a loan on prop w/out heirs?

Can he sell or get loan against property without their consent?

Anthony M. Avery
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answered on Apr 10, 2023

Hire a MS attorney to search the Title and determine ownership. Husband may own it individually or as a tenant in common with children. If the latter, then a Court could still allow sale of minors' interests.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Can I dropped charges on someone if the police filed them and not me ?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2023

You will need to talk to the prosecutor about dropping the charges. The charges are brought by the State; you are a witness to the crime. It will be the prosecutor’s decision about a dismissal.

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: Are emotional support animals protected under the same laws as service animals? What do I need to certify the animal?

My landlord has a no pet policy, but I have been wanting to get an emotional support animal. I want to know if I need to have some sort of letter stating that the animal is of service and I want to be sure that the landlord cannot kick me out of the home or charge a pet fee over the cat.

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

No, service animals are protected under the ADA; emotional support animals are protected under the FHA.

For an ESA, you need proof of your underlying disability and an opinion from a qualified healthcare professional that your cat provides therapeutic benefit to you in connection with your...
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1 Answer | Asked in Criminal Law for Mississippi on
Q: Should i plead not guilty to a possession paraphernalia from two years ago didnt even no I was charged with it

Didnt no I was charged with it till week ago summons came in mail .drive/owner of the vehicle said every thing was his I was let go without a citation nor did I have too sign anything

Arthur Calderon
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Arthur Calderon
answered on Apr 10, 2023

From a strategic standpoint, it always makes more sense to plead not guilty to any charge, at least until you and your lawyer have had a chance to review everything, see if there is not enough evidence against you, or see if there is a way in which the case could end up being dismissed or the... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Get summons for court for possession of paraphernalia from two years ago drive said everything was his

Driver said every thing in the car was his they let me drive the car away didnt give me no citation or sign anything now two years later I get a summons

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 3, 2023

It sounds like you may have been served with a subpoena to appear as a witness. Look at the top section of the first page and see what the title of the document is.

1 Answer | Asked in Personal Injury and Animal / Dog Law for Mississippi on
Q: Neighbor's cat bit my hand. Have severe infection. Is cat's owner financially responsible for all medical bills?

I have the cat on security video walking up to me on 3/18/2023 at 5:13AM wanting to be petted. I petted him. Without provocation, he lunges at me and seizes my right hand and bites it several times all the while clawing my right arm with his hind feet. I pull away and the cat stands there looking... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 26, 2023

Retain a personal injury attorney who can send a demand letter to the neighbor to obtain their Homeowners Insurance information. Your damages may be covered by their Home liability policy.

1 Answer | Asked in Consumer Law for Mississippi on
Q: Should I pay for a canceled order that was delivered?

I accidentally ordered an item from an online seller and requested for a cancellation. The seller acknowledged my request and refunded the payment. They also sent me an email to verify that my item was canceled and my refund is being processed. The following week, the item I thought I canceled... View More

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2023

A Mississippi attorney could advise best, but your question remains open for four weeks. No one here could make a decision for you, but the decent thing to do would be to return the item. The seller showed good faith in returning your payment. It sounds like the item was shipped in error, and not... View More

1 Answer | Asked in Child Support for Mississippi on
Q: What should I do if I have a court order but have never received any support. My child is 18
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 14, 2023

You should hire an attorney and file a contempt action against him for failing to comply with the court order. You would ask for payment of the arrears, incarceration of the other parent, and reimbursement of attorney’s fees, court costs, and other expenses.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Can an inmate that’s already sentenced in Mississippi Department of Corrections , get released on early parole ?

Inmate parole date is 10/26 as of now. He is at a Community Work Center operated by the state dept of corrections. He is working everyday and doing A&D classes. Never received a write up. Will his parole date change to anything sooner

James L. Arrasmith
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answered on Mar 19, 2023

It is possible for an inmate to be released on parole earlier than their scheduled release date, but this decision is typically made by the Mississippi Department of Corrections Parole Board based on a variety of factors, including the inmate's behavior while incarcerated, the nature of the... 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 Child Custody and Child Support for Mississippi on
Q: This guy is paying child support and the mother of his child want let him see his daughter what can he do ???
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 10, 2023

The father should hire an attorney and file an action for visitation rights. If he already has court ordered visitation rights he should file a contempt action and ask the court to incarcerate the mother, reimburse attorney’s fees and costs, and enforce the previous order. Short of that, he is at... View More

1 Answer | Asked in DUI / DWI for Mississippi on
Q: My son was arrested and charged with dui and reckless driving. He refused the breathalyzer therefore no evidence. Cont.

His Mariana rights weren't read til he got to the police station. Does that matter and are public defender lawyers reliable?

Arthur Calderon
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Arthur Calderon
answered on Mar 12, 2023

Whether he was read his Miranda rights depends on whether he was subjected to an interrogation, where he incriminated himself. As to the public defender, it really boils down to whether you satisfied with the public defender or not. There are good public defenders, just as there are good private... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: Yes if I take my accessory to burglary case to trial being I didn't know what was going on doi serve full ten yrs?

Yes I didn't know my teenager was burglarizing a house she told me she was looking at a cat and froze when she jumped in my car with a safe,if I had went home an called her gang friends hackedin my phone would've gotten her and I would be in same boat is there a chance for state probation?

Arthur Calderon
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Arthur Calderon
answered on Mar 12, 2023

It really depends on the circumstances, especially since your teenager is still considered a youth. I would be curious as to whether this is in circuit court or youth court. Regardless, your best bet is going to always be to reach out to an experienced criminal defense lawyer to review the facts of... View More

1 Answer | Asked in Personal Injury for Mississippi on
Q: Do I have a case if I slipped at the Dollar general parking lot due to an oil spill in there parking area

The oil spill was in the parking lot but tracked up to the front door by other customers I slipped right in the front door and the manager at the time was right at the back at the front door and seen the whole thing unfold I didn't seek medical treatment at the time because I did not realize... View More

Andrew Charles Burrell
Andrew Charles Burrell
answered on Mar 6, 2023

There is not enough information to state if you do or do not have a claim. Was a report made, also in Mississippi you need to prove how the oil got there, how long it had been there and if the establishment had any knowledge of the area before the fall occurred. You need to contact an attorney... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I was told I need to file a petition with the circuit court of lauderdale county to be removed off of the sex registry

I am a non resident and do not have to register in the state I got convicted in nor do I need to register in the state I live now. I completed both.

Arthur Calderon
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Arthur Calderon
answered on Mar 6, 2023

Yes. Generally, you would need to file a petition in the relevant circuit court to have the requirement lifted, assuming that Mississippi recognizes the offense as one that is eligible.

2 Answers | Asked in Criminal Law for Mississippi on
Q: According to hb 585 2014, armed robbery was turned from a mandatory sentence to being eligible at 50%....Correct????
Arthur Calderon
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Arthur Calderon
answered on Mar 6, 2023

It was clarified a little bit after 2014, but yes, generally, a person would be eligible for release after serving approximately 50% of their sentence. That being said, it still would depend on MDOC, and a person is not necessarily entitled to early release.

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1 Answer | Asked in Estate Planning, Real Estate Law and Banking for Mississippi on
Q: My mother-in-law did a transfer on death for her home that she owned and lived in with her two adult sons. One son is my

Husband. He lived there taking care of her and working from home part of time and at our home in Arkansas. MIL left house with TOD in my husband's name only because his brother had so many school loans and she didn't want "the big man" getting on his part. Apparently there is a... View More

Nina Whitehurst
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answered on Feb 26, 2023

When your husband sells the home, the home equity line of credit will need to be paid off in order to pass free and clear title to the buyer. Yes, the gift of half of the proceeds to your husband's brother would be a taxable gift to the extent in excess of $17,000. However, there is a... View More

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