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Mississippi Child Custody Questions & Answers
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 the first... 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.

1 Answer | Asked in Child Custody for Mississippi on
Q: My son was murdered by his son mother. When she is convicted, do I need to petition the courts for sole custody?

Her mother is physically unable to care for him. I do have grandparent visitation with the courts. She said she was going to leave him with her mom, but she is an alcoholic.

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

Most definitely. My recommendation would be, depending on the living arrangements now, to seek custody ASAP. Regardless, though, custody will need to be established through the court.

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: How do I go about getting full custody of my child he has been with me since he was 6 months and he is now 4 yrs old.

His mother dropped my son off to my mother when he was six month old and haven't had him since and I got my son from my mother about a year ago and since he has been with me the mother is trying to take my son. I provide for my son, pay his daycare fees, and give him the love that he deserves and... Read more »

Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

You will likely need to get an attorney to file the necessary paperwork to start a child custody action.

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: Child support is automatically deducted from my paycheck . The mother has full custody and will not respond in any way.

This is concerning visitation.

Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

It sounds like you will need to have an attorney file a contempt action against the mother for failure to abide by a visitation order, assuming that there is one. If there is not one, then you will need an attorney to file the necessary petition to establish visitation rights with the child.

1 Answer | Asked in Child Custody for Mississippi on
Q: I have an court order for my son father. His last payment was in 2007. My son is 27 now Can I collect.
Arthur Calderon
Arthur Calderon answered on Jun 22, 2019

You cannot collect; however, your son can. Considering that your son is 21 years old, time is of the essence, because if he does not get a lawyer to file the necessary paperwork before he turns 28, then he will never be able to collect the back child support. I would highly encourage your son to... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: How do I get emergency custody of my grandaughter in Gulfport me?
Arthur Calderon
Arthur Calderon answered on May 8, 2019

You will need to petition the court for emergency custody, giving reference to the reason for said custody.

1 Answer | Asked in Child Custody and Domestic Violence for Mississippi on
Q: Abusive ex has taken our 5 month old daughter from MS to LA which state do I need to file for custody in?

my daughter was born in Louisiana due to insurance but has Mississippi address listed on the Birth certificate and she has lived her entire life in Mississippi. Her father who took her is on the birth certificate.

Arthur Calderon
Arthur Calderon answered on May 6, 2019

You can file for custody in Mississippi, since that is where residency was established; however, you may want to do it sooner rather than later, otherwise, residence may be established in LA.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Do I have rights to my children's records if I am a non custodial parent and custody papers state I am entitled to know?

records, is this allowed. ?

I am the non custodial parent, I went to my children's school today to request a copy of their records, attendance, report cards, enrollment form, etc. I provided ID. as well as my custody orders specifically showing where I was entitled to all records pertaining... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 25, 2019

It is sure. So long as it is allowed under the court order, and you have joint legal custody, you are entitled to all information concerning your children.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a preschool withhold a minor's school records to a noncustodial parent with joint legal custody Mississippi?
Arthur Calderon
Arthur Calderon answered on Feb 17, 2019

That's a negative. If you have joint legal custody, then you are entitled to know any information pertaining to your child.

1 Answer | Asked in Child Custody for Mississippi on
Q: Temporary guardianship in state if Mississippi...give aunt temporary custody of 12 year old for better schooling

Mother has primary custody in Mississippi..aunt resides in North Carolina

Arthur Calderon
Arthur Calderon answered on Feb 10, 2019

I am not entirely sure what you are asking. Are you wanting to give someone a temporary guardianship or temporary custody?

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: Is there any chance to regain custody after having my kids adopted by stepdad without my knowledge?

My rights were involuntarily terminated due to "abandonment". I wasn't properly notified, although they have my address and the mother lied and said she didn't know where I was. I have not seen my children in 7 years but she did ask over the years if I wanted to visit. I just didn't

Arthur Calderon
Arthur Calderon answered on Jan 26, 2019

It is possible, but it will be an uphill battle, because you will have to move to set aside the judgment. Your best bet is going to be to get with an attorney to further discuss.

1 Answer | Asked in Child Custody for Mississippi on
Q: My divorce was final in MS 10 years ago, my daughter turns 18 on 1/10/19. Is the custody agreement over then?

My daughter turns 18 in January but does not graduate high school until May. The divorce papers do not specify if the custody agreement is over when she turns 18 or when she graduates high school.

Arthur Calderon
Arthur Calderon answered on Dec 24, 2018

More than likely, it will be until she reaches the age of majority, or when she turns 21.

1 Answer | Asked in Child Custody for Mississippi on
Q: My daughter died almost 2yrs ago has two kids out of wedlock with their father he died yesterday can I get custody

He remarried 6mths after her death and was killed yesterday during a domestic dispute I want and need custody of my daughters children

Arthur Calderon
Arthur Calderon answered on Dec 2, 2018

You need to get with an attorney ASAP, so that they can file an emergency petition for custody. Feel free to reach out to any attorney on here by clicking the contact information next to their name.

1 Answer | Asked in Family Law, Child Custody, Federal Crimes and Internet Law for Mississippi on
Q: A relative used my user & pw for Facebook messenger & is using private pictures against me in court. Is this illegal?
Arthur Calderon
Arthur Calderon answered on Nov 18, 2018

It very well could be. You should probably bring that to your attorney's attention, so that it can be excluded.

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