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Mississippi Questions & Answers
1 Answer | Asked in Medical Malpractice, Personal Injury and Antitrust for Mississippi on
Q: I think I was lied to buy an obgyn. Is this considered Medical malpractice? Can I receive compensation?

I went to have my mirena iud removed @ the 5 year mark. The nurse practitioner could not find the strings, she used something she called a hook & other tools to find the them. Then I was sent for an ultrasound to check if the IUD was still in place. The obgyn then came in & used more tools... View More

Michael Greer
Michael Greer
answered on Dec 25, 2022

Yes, likely. You definitely have injuries and damages and it appears medical negligence caused it.

1 Answer | Asked in Adoption, Child Custody and Child Support for Mississippi on
Q: My brother signed over rights to his child and was supposed to be adopted by the moms new husband. His last

Name was changed and all. DHS keeps taking money out of my brothers paycheck. If he was adopted after my brother signed over his rights, would DHS get a copy sent over once he was adopted to stop taking money out of his checks? And if not, how could they change the child’s last name without being... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 22, 2022

DHS would not automatically receive a copy of the adoption Order. If your brother has a copy, he should take them a copy or contact the caseworker and them that one was entered. However, if your brother was behind on his child support at the time of entry of the Order, he is still responsible for... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Mississippi on
Q: Can I stop my uncle from moving into my grandmother's vacant property if I have power of attorney?

My grandmother has gone to live with one of my uncles in another state, leaving her property here vacant. Another one of my uncles decided he wanted to move into the property and is starting to do so. I have had power of attorney for my grandmother for over a year now and want to know if there is... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 8, 2022

Depending on what the POA allows you to do, you may be able to file an action against him to prevent the move or an eviction if he has already moved in.

1 Answer | Asked in Juvenile Law and Child Custody for Mississippi on
Q: Would the custodial parent or non-custodial parent of a juvenile would be responsible for paying fines for probation?

Our child committed a possession of controlled substance; a marijuana vape on school campus and was arrested in the state of Mississippi. He was fined $250 to pay for drug screening and the custodial parent is stating that I'm responsible as well for the fine. This happened while in the... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 8, 2022

You don’t say which court found him guilty or give his age. If he was found guilty in Municipal, Justice, County, or Circuit, that tells me that he is not a juvenile. The Court will look to your son to pay the fine, not either of the parents, custodial or not. He committed the crime, so he pays... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Mississippi on
Q: If you are legally prescribed suboxone by a doctor can a judge refuse custody an visitation due to taking it

I took a drug test and that was the only thing in my system and I go to a doctor who legally prescribes the suboxone to me

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 5, 2022

If the Judge finds that you are not taking the medication as prescribed, he/she can deny custody or restrict visitation. If you are monitored by a physician, take the medication as prescribed, have had no relapses in your original addiction, and have not had any adverse incidents, you will probably... View More

1 Answer | Asked in Estate Planning, Elder Law and Probate for Mississippi on
Q: Do I need to probate my mom's will? I am her only heir, all of her bills are paid & she had no assets in her name.

She had 2 life insurance policies naming me as the only beneficiary. She also had joint checking account with me. I have received 3 checks since her death made out to her estate (the checks were for reimbursement of some insurance premiums). Bank says I need to open an estate account & deposit... View More

Randall R. Saxton
Randall R. Saxton
answered on Nov 29, 2022

No, you can complete a small estate affidavit and present that to the bank.

3 Answers | Asked in Workers' Compensation for Mississippi on
Q: My dominant hand and about a quarter of my forearm was cut off at work. How much of a settlement should I expect ?

This happened on 11/17/22. I opened a saw up after turning it off to visually inspect a blade. I kneeled down on my knees and the door swung into my back. I reached up and pushed the door back open and I guess my hand hit the button and the saw came back on. As soon as it came on the bottom of my... View More

Samuel B. Edwards
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Samuel B. Edwards
answered on Nov 28, 2022

I am very sorry to hear about your terrible injury. The answer as to the value of a personal injury case like this is very fact dependent and absolutely not something you should try and negotiate on your own. I would not submit to an arbitration or a mediation without an attorney as you will be... View More

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1 Answer | Asked in Child Support for Mississippi on
Q: Why would a child support case go to court when the mother requested support?

Would it be because the mother is 20 years younger then the father?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 20, 2022

Your question answers itself. One reason that a child support case would go to court IS because the mother requested support. It has nothing to do with the age of either parent. The second reason that a child support case would go to court is because the mother received benefits from the State,... View More

1 Answer | Asked in Consumer Law, Foreclosure, Land Use & Zoning and Real Estate Law for Mississippi on
Q: if we are paying a mortgage are we suppose to be listed in public records as the owner?

i was looking at my appraisal documents and it has some other people as owners in public record.

Anthony M. Avery
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answered on Nov 16, 2022

Just because you are paying the Note does not make you a titled owner of land. Hire an attorney to search the Title and determine ownership.

1 Answer | Asked in Child Custody for Mississippi on
Q: My mom was granted emergency temporary custody of my child. Can I get her back?

She was granted temporary custody due to my daughter being born with methamphetamine in her system. I am now sober and can pass a drug test. Will I be able to get her back?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 12, 2022

You don’t say how long your mother has had temporary custody, if you have had visitation, if you were ordered to do certain things, or which Court granted temporary custody to your mother. If you are in Youth Court, you will have to follow the instructions and directives of the social workers... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: Can a grandmother get full custody of a child when the mom dies and biological father is alive and wants full custody?

Mother killed while child was 6wks old BEFORE paternity established BUT father petitioned paternity after mother’s death IMMEDIATELY in NOV (2021). Grandmother ran off with baby & was not in communication with alleged father UNTIL paternity established 2months ago (2022). Paternity has now... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 9, 2022

You don’t say how old the child is; however, the grandmother will have to overcome the natural parent presumption which says that the biological parents are the natural guardians of their children. The presumption may be overcome if the father has 1. consented to a third party having custody... View More

1 Answer | Asked in Child Custody and Civil Rights for Mississippi on
Q: My granddaughter 4 has been in DHS care, next month will be a year,. This last April, DHS stopped the supervised visits,

They said my son was hustle towards her. He was not, something happened for DHS to take her away from the grandfather on a Saturday, when we seen her a week later, something was wrong with her, she walked in the room and stood in a corner and wouldn't take. That scraped my son and I and we... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 7, 2022

It is hard to tell from the facts given what exactly is going on. If the SW and/or DHS are talking about adoption, the best advice I can give is that you immediately hire an attorney who has been experience working in Youth Court and Chancery Court matters.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If I was assaulted then later the person claims stalking and we have a hearing do I need a lawyer?
Arthur Calderon
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Arthur Calderon
answered on Nov 7, 2022

It really depends on whether you think that you can adequately defend yourself against the charges that the other person put on you. Your best bet will likely be to have representation, since a lawyer can 1) defend you, and 2) be in a better position to question the other side.

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Mississippi on
Q: I recently went through a road block, possession of less than one gram. What are my options?

Recently went through a road block were I was asked if I had been drinking or smoking that even, to which I answered “smoking yes earlier”, and was asked to get out of my vehicle. Officer claimed he smelled burned marijuana in my vehicle, and upon his search, nothing was found. Less than one... View More

Christopher Kittell
Christopher Kittell
answered on Nov 5, 2022

Hire a DUI attorney near you. He or she should be able to get you probation (if not an outright dismissal) since it’s a first offense.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: Can I fight a 1st dui case without an attorney?
Christopher Kittell
Christopher Kittell
answered on Nov 4, 2022

You can, but that is not advisable. Just this week, I have two DUIs dismissed for different clients on technical grounds that you, as a non-lawyer, probably would not have caught.

1 Answer | Asked in Probate for Mississippi on
Q: I was named as executor of my mothers will. However she had nothing to probate.

Her will wanted her bills paid and i plan to do that from annuity money left to me. I also want her medical records. Her asst living facility wont cooperate. Do i need to probate to get a letter of testimentary for this reason and do i really need a lawyer in court when theres nothing to probate?... View More

Anthony M. Avery
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answered on Nov 10, 2022

So called "POA" lost his authority when the principal died, so no POA exists. It does not sound like Probate is needed. Annuity almost certainly passed outside of Estate to designated beneficiary. Decedent's bills are not yours. It sounds like it is over already.

Are you...
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1 Answer | Asked in Insurance Bad Faith for Mississippi on
Q: My house has flooded I have insurance , the insurance company refuse to pay enough to repair my house .what can I do
Damon Miller
Damon Miller
answered on Nov 15, 2022

The first thing you should do is look at the denial letter and determine why the insurance company has decided to deny your claim. Then, you should talk to an attorney about whether or not it makes sense to appeal the insurance company's denial. Most of the time, an insurance company will... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Do you get time for tampering with evidence in Columbus Mississippi

She didn't know it was against the law

Arthur Calderon
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Arthur Calderon
answered on Oct 30, 2022

You can potentially get prison time for tampering with evidence; however, it largely depends on the nature of the evidence and what type of case the evidence was tied to, as well as a person's previous criminal history (if any).

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: What if a child has been in cps custody for 6 months and the mother passed drug tests except for one, what happens?

Will cps stop the reunification plan and child will be adopted? Will they give mother another chance to prove that she can stay clean?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 28, 2022

Normally, it takes more than one failed drug screen. However, the mother must follow and complete her service plan, remain sober, and meet all of the requirements.

1 Answer | Asked in Adoption, Family Law and Child Custody for Mississippi on
Q: We are wanting to get guardianship of a 15 year old girl. Her parents will sign the paper. How do we go about this?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 26, 2022

A lawyer will draft a petition for the guardianship, which will need to be signed by you and your husband. Additionally, the child’s parents will either sign the Petition or a waiver. An Agreed Judgnent allowing the guardianship will be signed and then presented to the Judge for his/her... View More

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