Get free answers to your Child Custody legal questions from lawyers in your area.
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 
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
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
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
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
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
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
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
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
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
I need to file against the attorney and her firm. She was fired, no one informed me. She appeared to court hearings without informing me but instead told me that I did not have to appear since I am in another state and the other party was not doing what the judge wanted. Her law firm took over... View More
answered on Sep 19, 2023
To file a complaint against a lawyer for professional misconduct in Mississippi, see this website:... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
She lives in waterford ms. I haven't seen her in almost three weeks I miss my little girl incredibly. I have paper work and I've talked to the law enforcement and they said I need someone to file a contempt in contract? I think they said. I'm a little behind in child support cause I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024
It’s clear you care deeply about your child and want to be a part of her life. Given that you have documentation proving your right to visitation, it's important to act quickly. Law enforcement is correct in advising you to file for contempt of court, which is the appropriate legal action... View More
They lied on court papers .they just took my kid before they did any investigation. And then lied about him haven someone to go with .they said I neclected education. He is 12 in 6th grade. They are traumatizing me and my child . I was aressted then charges dropped. But there court papers say... View More
For a bit of background my son is now six years old, and the father has had no contact since he was approximately three months old. We were also never married, and there is no custody order in place given he chose to have no involvement. Does he need to be notified and/or give permission if I... View More
answered on Jan 5, 2024
Yes, you can take your child anywhere you want and for however long you want so long as you don’t have a court order preventing from doing that.
My ex husb just left for deployed and has sense accused me of parent alienation because I havent sent the kids to his very recently married wife. They married 3 days prior to him mobbing. I know in MS step parents don't have rights and I'm ok with them going over if the want too. My... View More
answered on Jun 24, 2023
The stepmother has no visitation rights. To send or not send the children to the stepmother for a visit is solely within your discretion. Your ex’s claim of parental alienation is without merit and meaningless.
So my ex wife who me and my boyfriend were living with for about two months around this time last year along with my son she was pretty cruel to us she kicked us out so she could have my son and ever since then I have been begging her she slanders me I am also the birth mother I didn't abandon... View More
answered on Jun 10, 2023
Your case is far too complicate to adequately answer your question in this forum. Additionally, I don't believe you have provided all information necessary. For example: if there is no court order giving your ex custody, and you are the birth mother, you could possibly gain assistance from... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
