Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2025

If you own real property at your death, and your wife is a surviving spouse, then she will be one of the heirs at law. If you make a will without her taking a substantial part, she will elect against the will and take a statutory amount of your Estate. If she is not your wife at your death,... View More

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... View More

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

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.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2025

If you believe your parent faces immediate risk, call local law enforcement for a welfare check and, if you cannot locate them, make a missing‑person report. Mississippi Adult Protective Services can investigate suspected abuse, neglect, or exploitation of a vulnerable person and coordinate with... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2025

That’s an understandable concern, especially when you’ve invested your own money into shared household items. In Mississippi, ownership of personal property is generally determined by who purchased the item, regardless of where it’s located. If you have receipts showing that you bought the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2025

When a spouse announces a split, the fastest way to protect your children’s routine is a temporary custody order from the Chancery Court; until a judge rules, both parents hold equal custody rights. In Brandon that means filing in the Rankin County Chancery Court. Move quickly so the current... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2025

Challenging a divorce ruling after so many years can be difficult, but not impossible if you can prove fraud. In Mississippi, courts allow you to file a motion to set aside a judgment if it was obtained through fraud, misrepresentation, or misconduct. Usually, this must be done within six months,... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2025

It’s understandable to feel frustrated and confused, especially since you’ve already proven your fitness as a parent and have maintained custody for years. In cases like this, **Child Protective Services (CPS)** often expands its investigation when a child who is part of an existing report has... View More