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Mississippi Family Law Questions & Answers
3 Answers | Asked in Car Accidents, Family Law and Personal Injury for Mississippi on
Q: Can a minor's car accident settlement be accessed or is it put in a trust fund?

My 16-year-old child was recently in a car accident and is receiving a settlement of around $25,000. We are considering using the settlement money to purchase a new car since the previous one was totaled. Would the insurance place the settlement in a trust fund because he is a minor, or can we... View More

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 24, 2025

This answer is strictly up to the ruling judge. Typically the amount of settlement must be approved by the judge as being fair to the minor. What determines if the funds have to be placed in an account, is what is the net amount after fees, expenses and medical payments.

Depending on...
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1 Answer | Asked in Car Accidents, Child Support, Personal Injury and Family Law for Mississippi on
Q: How much will child support take out my personal injury settlement in Ms
Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 17, 2024

The answer is depends. First, how much are you getting in the settlement and how much do you owe in support. Based on the basic law in Mississippi, the DHS will want to recover as much as possible. If the child support lien can be fully satisfied while you still make any recovery, they will... View More

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: if child in MS don't further their education after high school and get a full time job do child support stop? if not why
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 13, 2024

If the child reaches 18 years old and either does not finish high school or does not go beyond high and does not get a job, then the Court can declare the child emancipated for the purposes of child support, which would then stop the child support payments.

1 Answer | Asked in Family Law and Juvenile Law for Mississippi on
Q: hi im 17 but once i turn 18 do i legally have the right to buy whatever from online without consent of my parents?

and do i have legal control of my own money to buy whatever i want off of online even if the money was given to me as a gift do they have a right to take that if im 18?

James L. Arrasmith
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answered on Apr 21, 2024

Once you turn 18, you are considered an adult in most countries, including the United States. This means that you have the legal right to make your own decisions, including purchasing items online without the consent of your parents. However, there are a few important points to consider:

1....
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1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Elder Law for Mississippi on
Q: Is there an atty in MS who will take on cps & help grandparents-without fear of retribution from youth court system?

Grandparents being given misinformation after showing interest in fostering twin grandchildren who were addicted to cocaine at birth. CPS created repeated delays in court sessions on transferring infant children to grandparents custody. CPS requested that grandparents not get foster license because... View More

James L. Arrasmith
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answered on Mar 8, 2024

I'm so sorry to hear about the difficulties and frustrations your family has been going through trying to gain custody of your grandchildren. The delays and misinformation from CPS sound extremely stressful and concerning.

To answer your question directly - yes, there are absolutely...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Mississippi on
Q: What happens after protective ordrs are over.. Do you have full parental rights back
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answered on Feb 24, 2024

After a protective order expires, whether you regain full parental rights depends on the specific circumstances and conditions of the order. In some cases, the expiration of a protective order may automatically restore your parental rights to their previous status. However, if there were underlying... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: If alcohol monitoring is ordered in temporary hearing and all tests are passed can it be removed in final decree ?

My ex has a more experienced lawyer than I can afford and she brought into the hearing a public intoxication charge. We are granted joint custody with a breathalyzer during my weeks . I’m fine with it and doing great but I’m terrified in mediation or trial he will attempt to keep this order... View More

T. Augustus Claus
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answered on Feb 1, 2024

In Mississippi, the conditions set forth in a temporary hearing, such as alcohol monitoring, can be subject to modification in the final decree. If all alcohol tests during the temporary period are consistently passed and there are no further concerns about alcohol abuse, it's possible to... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Mississippi on
Q: If your marriage doesn’t work or compatible after marriage , what is the process for a divorce
James L. Arrasmith
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answered on Jan 29, 2024

If you are considering divorce due to incompatibility in your marriage, the process generally begins by filing a petition for divorce with your local court. This petition should state the grounds for divorce, which in many states can simply be "irreconcilable differences" or a similar... View More

2 Answers | Asked in Child Support and Family Law for Mississippi on
Q: Yes my daughter will be 20years old this November. And I was told she had actually moved out of hermoms @17 still paying

I'm still paying child support.shouldnt it have stopped by now?

James L. Arrasmith
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answered on Jan 12, 2024

In most cases, child support obligations continue until the child reaches the age of majority, which is typically 18 years old. However, there can be circumstances where support continues beyond this age, such as if the child is still in high school or has certain disabilities. If your daughter... View More

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2 Answers | Asked in Child Support and Family Law for Mississippi on
Q: Yes my daughter will be 20years old this November. And I was told she had actually moved out of hermoms @17 still paying

I'm still paying child support.shouldnt it have stopped by now?

T. Augustus Claus
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answered on Jan 12, 2024

In Mississippi, child support obligations typically continue until the child reaches the age of majority, which is 21 years old in this state. However, if the child is emancipated or has moved out of the custodial parent's home and is financially independent before reaching the age of... View More

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2 Answers | Asked in Family Law, Criminal Law, Elder Law and Federal Crimes for Mississippi on
Q: Louisiana-my dad purchased our family home with money he collected from a lawsuit injury over 25 yrs ago. Then married.

The title of the house and property is exchanged several times between him and his sister and eventually his ex-wife(25 yrs younger) is add. They've been divorced for 8 to 10 years now and she's suing him for community property. His attorney said it was a mortgage on the house that she... View More

James L. Arrasmith
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answered on Jan 13, 2024

In Louisiana, the "dirty hands doctrine" is not a recognized legal doctrine that would automatically prevent someone from claiming community property in a divorce case. Community property laws in Louisiana can be complex, and the outcome of your dad's case would depend on various... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: Can I be charged with kidnapping or any other crime in Pennsylvania for bringing my son home if his home state is MS

If I go get my son back from Pennsylvania where my wife has taken him can I be charged with kidnapping or any other crime from the Pennsylvania side the childs home state is Mississippi also assume there was no physical confrontation between me and my wife I go to Pennsylvania I get my son and I... View More

William R. Wright
William R. Wright
answered on Nov 26, 2023

I am not aware of all of the facts, and since I am not your attorney, I hesitate to give you advice on that question. I will say, hypothetically, that if there is no court order, I don't see how you could be charged with kidnapping. Again, I don't know all of the facts, and I am not your... View More

1 Answer | Asked in Child Custody, Divorce, Criminal Law and Family Law for Mississippi on
Q: My wife took our 1 yr old son to PA from MS because I wanted a divorce what would happen if I went and took him back

Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses... View More

William R. Wright
William R. Wright
answered on Nov 24, 2023

You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could... View More

1 Answer | Asked in Child Custody, Juvenile Law and Family Law for Mississippi on
Q: Can CPS terminate a parent's rights for no reason
T. Augustus Claus
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answered on Nov 14, 2023

No, CPS (Child Protective Services) cannot terminate a parent's rights for no reason. CPS can only terminate a parent's rights if there is evidence that the parent has abused or neglected the child. Abuse includes physical, sexual, or emotional abuse. Neglect includes failing to provide... View More

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: Can I file for divorce in Mississippi after relocating to Connecticut for two months?

I've lived in Mississippi for five years, and recently relocated to Connecticut two months ago. Due to my short residency in Connecticut, I am considering filing for divorce in Mississippi. Can I proceed with filing for divorce in Mississippi under these circumstances?

James L. Arrasmith
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answered on Jul 10, 2025

Yes, you may still be able to file for divorce in Mississippi, even after relocating to Connecticut, depending on how recently you changed your legal residence. Mississippi law requires that at least one spouse has been a resident of the state for at least six months prior to filing. Since you... View More

1 Answer | Asked in Divorce, Civil Litigation and Family Law for Mississippi on
Q: How do I request access to sealed divorce records in Mississippi's chancery court?

I would like to know how to request access to my records in a chancery court in Mississippi, which were sealed when my former partner filed for divorce 3 years ago. The divorce was finalized at the end of 2022, and the entire process lasted less than 4 months. To my knowledge, I am not currently... View More

James L. Arrasmith
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answered on Jul 6, 2025

You have the right to request access to your own divorce records, even if they were sealed by the Mississippi chancery court. Although sealed records are generally restricted to protect privacy, the parties involved in the case—like yourself—can usually petition the court to review or obtain... View More

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: How to file for divorce when spouse is missing, and check if they filed for divorce elsewhere.

I am currently living in Jamaica and wish to file for divorce from my husband, who left over 10 years ago and has not communicated since. We were married in Mississippi, and I have our marriage certificate. I don't have any contact information for him, as he stopped using his email. How can I... View More

James L. Arrasmith
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answered on Jul 5, 2025

You must confirm the proper jurisdiction by determining the county in Mississippi where your marriage was registered and where you or your spouse last resided. You will gather a certified copy of your marriage certificate and proof of your spouse’s last known residence. You will engage a... View More

1 Answer | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Mississippi on
Q: How is child custody determined in a divorce involving abuse and young children?

I am planning to divorce my abusive husband, and we have five children aged 6, 5, 3, 1, and 8 months. I am concerned about how child custody will be determined in this situation. What factors will influence custody decisions, and what steps should I take to ensure the safety and well-being of my... View More

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answered on Jul 5, 2025

When abuse is involved in a divorce, the court’s primary concern is always the safety and best interests of the children. Judges examine the nature, frequency, and severity of the abuse, whether it was directed at you, the children, or both. They also consider each parent’s mental and physical... View More

1 Answer | Asked in Divorce, Family Law and Gov & Administrative Law for Mississippi on
Q: How can I revert to my maiden name in Mississippi after a divorce 20 years ago?

I was divorced almost 20 years ago, and my divorce decree does not mention reverting to my maiden name. I want to change my name back to my maiden name on my bank account, social security, and all other accounts where it's used. I am not aware of any specific court procedures for a name change... View More

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answered on Jul 5, 2025

You can still legally revert to your maiden name in Mississippi even if your divorce decree didn’t include that provision. Since it’s been 20 years, and your decree doesn’t address the name change, you’ll need to file a separate petition for a name change in the chancery court in the county... View More

1 Answer | Asked in Estate Planning, Child Custody and Family Law for Mississippi on
Q: How can I update a power of attorney for child's custody?

I need to update my power of attorney because the current dates regarding my child's custody are out of date. How can I revise this document to reflect the updated custody arrangement?

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answered on Jun 12, 2025

To update your power of attorney for child custody, you will need to create a new document that reflects the updated custody arrangement. Start by reviewing the existing power of attorney to ensure you understand what changes need to be made. If the dates or specific details about custody have... View More

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