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Mississippi Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Mississippi on
Q: I lost custody now custodial parent in jail for murder My son is with custodial parents family and will not give him me

While incarceration i agreed to allow my son to go live with his dad the judge agreed so my son went from dhs custody to his dads custody i never signed anything giving my rights up or anything i never received copy of any custody paper work now im at of jail my sons dad has bern keep my son from... Read more »

Arthur Calderon
Arthur Calderon answered on Jun 7, 2020

You need to get with a family law lawyers ASAP. Assuming that there is paperwork giving you joint legal custody, unless there is something saying that you cannot have the child, then you are entitled to have him in your custody.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My daughter turns 12 next month and wants to live with me full time. Can I do this myself at a courthouse w/no lawyer?

I understand that the child can choose which parent they want to live with if they are 12 or older, even though the judge has the overall decision on the matter after an interview with the child. Now to my question. Is having a lawyer required for this process? Or is it something I can go to the... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

It is something that you can attempt to do yourself; however, when it comes to custody matters, many judges throughout the state require that the parties be represented by an attorney.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Mississippi on
Q: My child's father came to get our child and has not returned her in almost 2 months.

I'm unable to communicate with her father and have to go through his fiance and she barely picks up the phone. I haven't talked with my child in weeks because they never pick up the phone. I contact via Facebook messenger and barely get a message back. I've asked over and over... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

You need to get in touch with an experienced family law attorney. First and foremost, the main question that I have is whether there is a custody order already in place. If there is, that would outline all visitation matters, in which case there is a good chance that you can file a complaint... Read more »

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: How can my husband get custody of my 3 children from their mother, who has full custody?

My husband and I have had his 3 children for 6 years. Their mother has full custody of them, but she has nothing to do with them. Maybe twice a year she sees them. Sometimes, she will show up and take them out of school, only to drop them off with us after a month or two and never show back up. She... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

From the sound of it, you have a decent shot at modifying custody so that he has custody of the kids. The problem that comes into the play would be the back child support, because that continued to accrue even though the kids were living with you. I would highly encourage you to reach out to a... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Mississippi on
Q: What can I do if my husband married another woman while we are still legally married
Christopher Dunnells
Christopher Dunnells answered on May 13, 2020

It depends on what you want to accomplish.

If you want to get divorce, an attempt to get married to another woman would be persuasive evidence in establishing adultery. If you want to get the second marriage set aside, you could petition the chancery court for a declaratory judgment to...
Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: I am trying to what is the best way to file for emergency custody?

I am trying to give my friend and fiance temporary custody of my son as i lost my job and home due to funds. What is the best way to go about this?

Arthur Calderon
Arthur Calderon answered on Apr 10, 2020

You will need to hire a lawyer to file the necessary paperwork with the Court. Keep in mind that you would also need to notice the biological father on any court proceeding.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Mother is a nurse. She is exposed daily to the covid 19 virus. Is there anyway to try and get temporary custody

The children are at a greater risk of being exposed. Noone in my household leaves the home. The mother is not letting me have visitation due to the virus. Our contempt modification hearing was postponed because of this virus. We live in ms. Mother lives in lousiana. Court jurisdiction is ms

Arthur Calderon
Arthur Calderon answered on Apr 2, 2020

You can attempt to get temporary custody; however, if there is already a custody order in place, it will be incredibly difficult to modify that, even on a temporary basis. That being said, the easier approach would be to separate the contempt side of things from the modification side, so that you... Read more »

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... 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... 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.

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