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Mississippi Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for Mississippi on
Q: What is the process from someone filing a motion to set aside judgment in an adoption case, after it had been filed?
T. Augustus Claus
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answered on Oct 17, 2023

To set aside an adoption judgment in Mississippi, you must file a motion with the court that issued the judgment. The motion must state the grounds for setting aside the judgment, such as fraud, duress, or undue influence. The court will then hold a hearing to decide whether or not to grant the... View More

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 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

1 Answer | Asked in Adoption and Juvenile Law for Mississippi on
Q: Can I be adopted without parental consent?

I am 16 living in MS. My parents are non-abusive but I can not stand living with them anymore. Is there a way I can put myself up for adoption without parental consent?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 17, 2023

No. You cannot put yourself up for adoption, and you cannot be adopted without the consent of both of your parents, unless a Court has terminated their parental rights.

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: How do I adopt a child I’ve had custody of for 2 years?

I have had custody for 2 years. My sister is a drug user who was in a dangerous position and we got my Neice. My husband and I want to adopt her but do not know where to start? Do we need an attorney? She’s in agreement (at the moment). She’s had no physical contact with her in months. She goes... View More

Pamela J. Fero
Pamela J. Fero
answered on Aug 5, 2022

Here's what you need to do:

1. Fill out the petition and send it to the Circuit County Court in the county where you live.

2. Obtain the mother's permission. If the parent is emotionally or financially unfit, or if the parent has abandoned the child, Florida law may allow...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Mississippi on
Q: Grandmother has full custody of 8 week old baby. Both parents in prison. Grandmother wants to sign baby over to someone.

Grandmother is already taking care of 5 children & can’t take care of an infant. She wants to find a good family to give full custody to. Can she do this without parents signing anything also? G’mother is in Louisiana and new family would possibly be in MS

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 21, 2022

Because the child is a resident of Louisiana, Louisiana statues would govern; therefore, you should contact an attorney licensed in that state.

2 Answers | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: My husband had a child with someone else but the child was taken by CPS because she failed a drug test after childbirth.

CPS ended up giving him custody and she signed her parental rights over to him. A year later he asked me to watch him while he went to rehab. He ended up leaving it early but he let me continue to watch him. Almost a year after he came back the birth mom was incarcerated and he committed suicide... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 1, 2021

If her parental rights were terminated, then she cannot come back and reclaim custody. The best thing you can do is to hire an attorney and petition the court for custody yourself. You do not say whether or not there are other family members available for the child. This, of course, may complicate... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: Can a sperm donor who helped a same-sex couple have a baby pursue rights to the child if he signed papers with a notory?

The biological mother and her partner are both on the birth certificate and in the agreement signed by the sperm donor and the mother states that he would not pursue any rights and that the biological mother has the right to appoint whoever she wanted as the other parent of the child.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2021

The first consideration for Chancery Court is the best interest of the child. The contract between the donor and the birth mother is only one piece of evidence to be considered. The donor may be able to contest the arrangement and seek visitation with the child. However, it will not be an easy... View More

1 Answer | Asked in Adoption for Mississippi on
Q: Can I get papers at my court House for my daughter dad to sign his right over so my husband can adopt her?

The father agree to do this he has no problem with my husband adopting her

Arthur Calderon
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Arthur Calderon
answered on Mar 25, 2019

Doubtfully. You will likely need to hire an attorney to file the necessary TPR paperwork and schedule a hearing so that the Court can ensure that the father is doing everything voluntarily and with full knowledge of what he is doing.

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: Is there any chance to regain custody after having my kids adopted by stepdad without my knowledge?

My rights were involuntarily terminated due to "abandonment". I wasn't properly notified, although they have my address and the mother lied and said she didn't know where I was. I have not seen my children in 7 years but she did ask over the years if I wanted to visit. I just didn't

Arthur Calderon
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Arthur Calderon
answered on Jan 26, 2019

It is possible, but it will be an uphill battle, because you will have to move to set aside the judgment. Your best bet is going to be to get with an attorney to further discuss.

1 Answer | Asked in Adoption for Mississippi on
Q: Where to get a new copy of my daughter adopt decree in the state of Mississippi ?

I have a old copy but some pages are missing

Arthur Calderon
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Arthur Calderon
answered on Aug 31, 2018

You should just be able to contact the court that issued the decree and request it if you are the adopting parent.

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
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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 Adoption for Mississippi on
Q: I was wondering if there is anyway to go about reversing an adoption?

My step son was removed from his father 3 years ago when he was a fee days from full custody because his mom called and said she couldn't afford them being at her house. The biological mother had DHS take the kids in the first place. The child and father have a healthy relationship and was... View More

Arthur Calderon
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Arthur Calderon
answered on May 6, 2018

First and foremost, it is possible to reverse an adoption, but only in very particular circumstances. In other words, although it is possible, it is only done in very rare circumstances. Your best bet would be to contact a family law attorney to discuss the facts of the case, as well as the... View More

1 Answer | Asked in Adoption for Mississippi on
Q: We’re adopting my 20 yr old niece & her baby once she delivers (Dad unk). Where can I get the forms, what’s the process?

We want to adopt my 20 yr old niece, she is 31 weeks pregnant and the Dad is unknown. We intend on adopting the baby once he’s born too but cannot locate where to get the paperwork. We are stationed with the Navy in Meridian, MS and would appreciate any assistance you can offer.

Arthur Calderon
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Arthur Calderon
answered on Feb 21, 2018

Some of the stuff you can do on your own; however, depending on the judge, you may need to get an attorney involved to draft the paperwork and go before the judge. There is really not a lot of heavy lifting with adoptions, particularly in your case because 1) the niece is almost a legal adult, and... 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
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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 Adoption for Mississippi on
Q: i was supposed to be adopting with my wife she says after signing i only signed a consent for her to adopt is that legal

wife and i were to adopt her biological grandaughter. she was getting an attorney to handle it pro bono. the day we met to sign papers i was under the impression i was about to adopt this little girl we had had in our posession since she was 3 weeks old. I was the one that wanted the child and... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2015

Probably. Go see an attorney about this.

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