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Mississippi Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: I have full custody of my daughter and now she wants to live with my mother

I have been to court with her biological father 4 times he has never been on thebirth certificate And we are waiting on the district attorney To pick up a felony charge for the $43000 back child support he owes now at 7 the child wants to live with my mom Does that mean at that point that my mom is... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 6, 2021

Once the back support becomes due, it is vested. It cannot be forgiven or waived. You would still be entitled to the back support if he was ordered to pay you in the court order. If you allow your child to live with your mother, she should receive it because you would no longer have the child and... Read more »

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: My friend’s mother filed for custody of her daughter. She was awarded based on lies. How can she get custody back?

My friend was with a man who her mother did not approve of. Her mother would keep her most of the time while my friend worked. Her boyfriend at the time went to jail. Her mother filed for emergency custody, lied and said she brought her daughter to the jail for visits, again lied and said she was a... Read more »

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

Your friend will need to hire an attorney for this one. She will have to file for a modification of the present order and request custody. She will have an uphill battle and may be successful in only gaining incremental gains over time. In other words, it may take more than one filing over time.... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: A sibling has custody of brother, the dad wants to see him after being out of prison for months. Child has expressed

He doesn't want to see him at all because after getting out of prison the first time he went back to jail months later and even after getting out the second time he choose to go back to his same ways not trying to see child until months after being out now the kid just choose not to see him at... Read more »

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

You don’t say how old the child is, so the quick answer is maybe. If contact is denied to the father, he will have to petition to court for either visitation rights or some kind or contempt if there is an Order in place establishing his visitation rights.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a non-custodial parent's visitation be restricted to supervised if she is suicidal?

The children are 10 year old triplets and have been in the father's custody for 8 years. Mother has visitation. Last night, mother sent text messages to all 3 of the children on their cell phones threatening suicide. What steps will have to be taken and is it possible to have an emergency... Read more »

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

Yes, an emergency hearing would be available to the custodial parent in this situation with or without notice to the noncustodial parent, depending on the circumstances. However, steps should be taken to file such a motion immediately. Once the emergency has passed, the custodial parent will have... Read more »

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... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Mississippi on
Q: If my divorce settlement says that my ex-husband doesn’t have to pay child support, how soon can I go back to court

We have made a divorce settlement that isn’t signed yet. I’m thinking I don’t want to sign it after all. I don’t like the custody arrangement and his lack of paying child support. If I sign it, I know I have to wait until there’s a material change to readjust custody arrangements, but do... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 24, 2020

Each parent has a legal dury to support their child or children until they reach majority. The notion of waiving child support for better terms under your divorce is never an appropriate exchange. It does happen frequently, but rarely to the advantage of the parent waiving child support. I would... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: I lost custody now custodial parent in jail for murder My son is with custodial parents family and will not give him me

While incarceration i agreed to allow my son to go live with his dad the judge agreed so my son went from dhs custody to his dads custody i never signed anything giving my rights up or anything i never received copy of any custody paper work now im at of jail my sons dad has bern keep my son from... Read more »

Arthur Calderon
Arthur Calderon answered on Jun 7, 2020

You need to get with a family law lawyers ASAP. Assuming that there is paperwork giving you joint legal custody, unless there is something saying that you cannot have the child, then you are entitled to have him in your custody.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My daughter turns 12 next month and wants to live with me full time. Can I do this myself at a courthouse w/no lawyer?

I understand that the child can choose which parent they want to live with if they are 12 or older, even though the judge has the overall decision on the matter after an interview with the child. Now to my question. Is having a lawyer required for this process? Or is it something I can go to the... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

It is something that you can attempt to do yourself; however, when it comes to custody matters, many judges throughout the state require that the parties be represented by an attorney.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Mississippi on
Q: My child's father came to get our child and has not returned her in almost 2 months.

I'm unable to communicate with her father and have to go through his fiance and she barely picks up the phone. I haven't talked with my child in weeks because they never pick up the phone. I contact via Facebook messenger and barely get a message back. I've asked over and over... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

You need to get in touch with an experienced family law attorney. First and foremost, the main question that I have is whether there is a custody order already in place. If there is, that would outline all visitation matters, in which case there is a good chance that you can file a complaint... Read more »

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: How can my husband get custody of my 3 children from their mother, who has full custody?

My husband and I have had his 3 children for 6 years. Their mother has full custody of them, but she has nothing to do with them. Maybe twice a year she sees them. Sometimes, she will show up and take them out of school, only to drop them off with us after a month or two and never show back up. She... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

From the sound of it, you have a decent shot at modifying custody so that he has custody of the kids. The problem that comes into the play would be the back child support, because that continued to accrue even though the kids were living with you. I would highly encourage you to reach out to a... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Mississippi on
Q: What can I do if my husband married another woman while we are still legally married
Christopher Dunnells
Christopher Dunnells answered on May 13, 2020

It depends on what you want to accomplish.

If you want to get divorce, an attempt to get married to another woman would be persuasive evidence in establishing adultery. If you want to get the second marriage set aside, you could petition the chancery court for a declaratory judgment to...
Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: I am trying to what is the best way to file for emergency custody?

I am trying to give my friend and fiance temporary custody of my son as i lost my job and home due to funds. What is the best way to go about this?

Arthur Calderon
Arthur Calderon answered on Apr 10, 2020

You will need to hire a lawyer to file the necessary paperwork with the Court. Keep in mind that you would also need to notice the biological father on any court proceeding.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Mother is a nurse. She is exposed daily to the covid 19 virus. Is there anyway to try and get temporary custody

The children are at a greater risk of being exposed. Noone in my household leaves the home. The mother is not letting me have visitation due to the virus. Our contempt modification hearing was postponed because of this virus. We live in ms. Mother lives in lousiana. Court jurisdiction is ms

Arthur Calderon
Arthur Calderon answered on Apr 2, 2020

You can attempt to get temporary custody; however, if there is already a custody order in place, it will be incredibly difficult to modify that, even on a temporary basis. That being said, the easier approach would be to separate the contempt side of things from the modification side, so that you... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: In Mississippi how do you go about petitioning the court for emergency custody?
Arthur Calderon
Arthur Calderon answered on Feb 16, 2020

You would need to draft the necessary legal documents explaining to the court the circumstancing requiring an emergency hearing and requesting emergency custody.

1 Answer | Asked in Child Custody for Mississippi on
Q: How much of advantage do I have when the mother of my 1 year old son an just newborn gets them taken away by social work

She got them taken because they found Methamphetamine in her blood when she was having my next child which was also 1 month early so he was premature..btw we do not live together nor have we ever been committed to each other.. so now I wanna take action to see what are my chances on getting my kids

Arthur Calderon
Arthur Calderon answered on Feb 2, 2020

Based on what you are saying, you have a significant advantage; however, in these types of matters, time is always of the essence. Your best bet is going to be to get with a family law lawyer sooner rather than later, so that they can walk you through the process and strategize.

1 Answer | Asked in Child Custody for Mississippi on
Q: Do i have any rights to a child ive never seen or been around she will be 8 and im not on the birth certificate

The mothers soon to be ex husband wants custody of said child.. Because the mother ran off and left him with the child. And now the step father of child wants the "bio father" to sign rights off so he can adopt the child. Does the alleged bio father have any rights at all to sign off in... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 1, 2020

Yes, even though bio father may not be on the birth certificate, he still has rights that he can pursue, which would in turn be superior to the stepdad. I would highly encourage you to reach out to a lawyer sooner rather than later, as these types of cases can get very nasty, very quickly. Feel... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: Me and the mother of our 3 kids are separating after 12 years. What all should i expect from the court process?

I make 660 a week. I bring home 411 out of that. We are currently 24k in debt (all in my name). I pay her car note 250 dollars and provide healthcare for the kids somewhat 290 a month a believe. We were not married. She left me for another man. I am completely ignorant about how this will go... Read more »

Arthur Calderon
Arthur Calderon answered on Dec 2, 2019

More than likely, she will initiate legal proceedings against you for custody over the three children, as well as request child support. Assuming that she got custody, your child support obligation would be a certain percentage of your adjusted gross income. I would highly recommend that you... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: My ex boyfriend got a divorce from me and custody of my kids now im paying him child support and dont get to see my kids

What can i do i cant afford a lawyer

Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

You will need a lawyer to sue for contempt. If you cannot afford one, then your best bet will be to try to contact a legal aid organization.

1 Answer | Asked in Child Custody for Mississippi on
Q: My son father has primary custody, and if i sign my rights over will i lose my rights to my daughter?

I allowed my son to live with is father because he his in danger to his sister, step father and myself, so we went to court and i allowed the father to take primary custody of my son. My husband is inlisting in the army. My son is going back an forward between his father and i and his behavior is... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

It is possible; however, I would encourage you to reach out to a lawyer familiar with family law, so that he or she can talk more with you about your case, and so you can determine whether there will be any ramifications from going that route, especially with the father enlisting.

1 Answer | Asked in Child Custody and Divorce for Mississippi on
Q: I have temporary custody and my son like to go to michigan during the winter break ... can I take him or I cant go?
Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

It really depends on what the temporary order says. Typically, there are no travel restrictions unless specifically stated in the order.

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