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Mississippi Child Custody Questions & Answers
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.

1 Answer | Asked in Child Custody for Mississippi on
Q: I have custody of both my children and my mother wants to take custody how can I take action against her?

I have full custody of both my children and my mother causes trouble she is a stalker and a sociopath. She threatens to take custody and every weekend she calls to try to have the cops throw me in jail or Whitfield but they can not do either because I am doing nothing wrong I am not a threat to... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 4, 2018

It sounds like you need to get a restraining order against her. You should be able to go to our local municipal or justice court and they can walk you through the process of getting one.

1 Answer | Asked in Child Custody for Mississippi on
Q: I was 17 years old when I signed coustady of my daughter to her grandfather my mother didn’t know is that leagal

I sighed my coustady over to the fathers father (grandfather) at the age 17 I never told my mother is that leagal my mom didn’t sighn anything nor my father I need to know if I had the right in the state of Mississippi to do that

Arthur Calderon
Arthur Calderon answered on Nov 4, 2018

It really depends on the facts. Did the father have the opportunity to sign or appear at a custody matter? Was the custody change approved by a judge? You'll need to get with an attorney to answer these and more questions.

1 Answer | Asked in Child Custody for Mississippi on
Q: How can I get my grandkids back who are in my custody after the father has taken them to another town

And has kept them out oof school 3 days already. He has weekend with them and is to return them on Sunday and haven't

Arthur Calderon
Arthur Calderon answered on Oct 21, 2018

You need to find an attorney to file a contempt action and request an emergency hearing.

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: do i have any rights, custody or visitation?

we are not married. I was there the whole nine months, in the delivery room, signed all the paperwork, paternity was established. the baby has my last name and my adresss. she is on her mothers insureance. i have been paying and buying everything since the first trimester. the mother left when the... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 19, 2018

You need to get with an attorney ASAP. As a father, you have certain rights that it looks like she is trying to limit. I'd be curious to see what sort of papers that she showed you, as well as whether they were signed by a judge. That being said, if custody or visitation was never established, then... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: Can my ex get in troble for filing a false contempt?

I live in Mississippi. I have a 3 year old with my ex husband. I got married to my mew husband on June 22 2018. My ex filed for contempt of court on August 14 2018 that i am cohabitating with a live in boyfriend (my husband). Also on the contemp of court papers he put my now married name on them.

Arthur Calderon
Arthur Calderon answered on Sep 14, 2018

You could respond to the complaint, and request reimbursement of attorney fees for him filing a frivolous contempt action.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Can a parent sign over custody of their minor child to a family member without going to court?

My brother is 10, I’m 30, my biological mother is raising him. It has come to my attention she is no longer fit to care for him! She has a long history of drug use, in fact she has lost all 3 of her older children due to drug use and went to jail for manufacturing meth when my brother was 18... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 14, 2018

Unfortunately, no. In order for any custody modification to be deemed valid, it has to be approved by order of the court.

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: No custody papers, she is staying with her dad now. Can he cancel child support if it was court orderd for him to pay me

She is having behavioral issues at home with me. She has always live with me. Never with him. Asked her dad for her to stay with him, she had to change schools, he lives in a different city. It has been a week since she left. Is that grounds for him to stop child support to me?

Arthur Calderon
Arthur Calderon answered on Sep 12, 2018

Yes, as child support is meant to follow the child.

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