Maternal Grandmother has custody.
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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
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... Read more »
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?
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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.
Will cps stop the reunification plan and child will be adopted? Will they give mother another chance to prove that she can stay clean?
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.
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... Read more »
answered on Oct 14, 2022
If your in-laws are in agreement, you and they will sign a joint petition and an agreed judgment. If not, you will have to serve them with a petition seeking custody. You will have to show a material change in circumstances adversely affecting your child that has occurred in their home…not that... Read more »
I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... Read more »
answered on Oct 1, 2022
His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.
I have custody papers I would like to know if they are still good even though i moved to another country. His dad has visitation and also signed for him to have a visa to live in Italy. He gets him during summer time June-August. He shares visitation with my parents who live in the same state as... Read more »
answered on Oct 1, 2022
They are still valid, though they may not address your current situation. If your payments are going trough Child Support Enforcement, they can gather the information needed to reevaluate support. DHS is not involved in child support. Child support ism modifiable in all states based on changes of... Read more »
answered on Oct 1, 2022
Yes, you still have to pay any arrearage that has accrued. Child support cannot be forgiven once it has vested; however, you may be able to receive credits against the arrearage, depending on the circumstances. Whether you are entitled to credits is entirely up to the Court.
My friend has join custody with her ex who lives in AL she is married and in MS now the child is 4 and was enrolled in school in MS but his parents and him have not returned her home after there week with her what can my friend do cause her daughter is missing school here in MS and they are keeping... Read more »
answered on Aug 21, 2022
Your friend should consult with an attorney as soon as possible about taking steps to have the child returned to her. Once the agreement is given full faith and credit in Mississippi, it can be enforced and modified here.
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... Read more »
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... Read more »
His daughter was pregnant her boyfriend was in jail it wasn't his he said he will not raise it so she asked us to raise it as ours when the baby was born she gave us a signed nerdrise document stating we had sole custody of her and was responsible for her well being because he's not had... Read more »
answered on Jul 29, 2022
Without a court order, she would be able to take the child if law enforcement will help her take the child from you. That is a big if because most will not get involved in these matters. You should immediately file an action in the chancery court of the county where you live, alleging that she... Read more »
1- STEP-grandfather is named as a plaintiff 2- Under section 93-63-3, grandparents can only seek visitation if a court enters a decree or order awarding custody to (1) parent of the child or terminating the parental rights of (1) of the parents of the child or whenever (1) of the parent dies. - I... Read more »
answered on Jul 22, 2022
The issue of grandparents’ rights is much more complicated than can be fully discussed here.
1. The step-grandparent can be a named party. Second, you have quoted only a portion of the statute.
2. Visitation rights can also be awarded if the grandparent can show that a... Read more »
answered on Jul 22, 2022
I do not practice law in Mississippi and this is not legal advise. However, another word for "giving up your rights" is to relinquish your parental rights, to terminate your rights. I hope that whatever situation you are facing that you are well.
The mother is extremely irrational, irate, and narcissistic. Child is being held over the fathers head and used as a tool to emotionally attack the father. The father is being stalked, harrsssed and bullied online by thousands of people.
answered on Jul 20, 2022
A father can voluntarily relinquish his parental rights; however, none of the reasons you have given would allow for a termination. The reasons may be a reason to change custody of the child to the father if he is suitable in other respects. However, if the mother agrees to the termination, the... Read more »
The court has issued temporary custody of my child on allegations of child abandonment and neglect however failed to provide any proof of this and I am restrained from having any contact with them until my next court date on Friday.
answered on Jun 23, 2022
You do not say which court entered the order removing your child. The Court will usually err on the side of protecting the child on an emergency basis, but evidence had to have been presented to cause a Judge to make such a ruling. However, the hearing on Friday will be an opportunity to test the... Read more »
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