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Mississippi Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Mississippi on
Q: My mother has guardianship of my children and wants and is willing to give custody back to me. She lives in Neshoba.

My mother has guardianship of my children and wants and is willing to give custody back to me. She lives in Neshoba County. Our Court has been handled in Simpson County because that is where me and my ex-husband resided when we got a divorce and that is where the child custody started. But, my... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Sep 18, 2021

No. You must go back to the Court that issued the guardianship order to make any changes to it.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: My husband’s kids mother is willing to sign her rights over to him does that still require a lawyer to do so?
William R. Wright
William R. Wright answered on Aug 16, 2021

A lawyer is not required to be retained for a parent to terminate her parental rights. Likewise, your husband could perform his own vasectomy without a doctor if he chose to do so. But he wouldn't do that, of course. Believe it or not, a parental termination case is just as serious as a... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: My best friend is being raped by her husband and needs to leave state with her two kids. She lives in Mississippi.

I need to figure out how to get them legally out of state. They are coming to Michigan and I want to make sure that we do this right.

William R. Wright
William R. Wright answered on Aug 5, 2021

This is a terrible situation. I am assuming the two children are also your friend's husband's children. There is no law prohibiting her travel out of state with her children. If Michigan is where she has friends or family, that is the logical destination for her on a temporary basis. If... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I have temporary custody over my child. Can I be taken off of child support ?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Aug 4, 2021

Yes. If you have temporary physical custody of your child by virtue of a court order, you can be taken off child support. The temporary order should order that, but if it does not, contact your DHS case worker and provide her with a copy of the order showing that you have temporary physical... Read more »

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Mississippi on
Q: My wife and I are split up. She got in a fight with a girl and the next morning she files a police report saying I hit h

Her and put a restraining order on me. And while I was at work her and the police came to my mom's and forced her to give her my kids. Now she won't let me see my kids. What do I do.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Aug 1, 2021

You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.

2 Answers | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: My husband had a child with someone else but the child was taken by CPS because she failed a drug test after childbirth.

CPS ended up giving him custody and she signed her parental rights over to him. A year later he asked me to watch him while he went to rehab. He ended up leaving it early but he let me continue to watch him. Almost a year after he came back the birth mom was incarcerated and he committed suicide... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 1, 2021

If her parental rights were terminated, then she cannot come back and reclaim custody. The best thing you can do is to hire an attorney and petition the court for custody yourself. You do not say whether or not there are other family members available for the child. This, of course, may complicate... Read more »

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1 Answer | Asked in Child Custody for Mississippi on
Q: During a mod of custody battle, does the other side have right to phone and text records?

Can my ex husband request my phone or text records as a way to prove I was cheating on my current husband? Or to prove where I was at certain times?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jun 24, 2021

The short answer is yes. Each party has the right to request documents and other things through subpoenas. However, your attorney can file a motion to quash the subpoena if it is not relevant to the issues pending or if the other party is on a fishing expedition.

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: I have full custody of my daughter and now she wants to live with my mother

I have been to court with her biological father 4 times he has never been on thebirth certificate And we are waiting on the district attorney To pick up a felony charge for the $43000 back child support he owes now at 7 the child wants to live with my mom Does that mean at that point that my mom is... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 6, 2021

Once the back support becomes due, it is vested. It cannot be forgiven or waived. You would still be entitled to the back support if he was ordered to pay you in the court order. If you allow your child to live with your mother, she should receive it because you would no longer have the child and... Read more »

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: My friend’s mother filed for custody of her daughter. She was awarded based on lies. How can she get custody back?

My friend was with a man who her mother did not approve of. Her mother would keep her most of the time while my friend worked. Her boyfriend at the time went to jail. Her mother filed for emergency custody, lied and said she brought her daughter to the jail for visits, again lied and said she was a... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

Your friend will need to hire an attorney for this one. She will have to file for a modification of the present order and request custody. She will have an uphill battle and may be successful in only gaining incremental gains over time. In other words, it may take more than one filing over time.... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: A sibling has custody of brother, the dad wants to see him after being out of prison for months. Child has expressed

He doesn't want to see him at all because after getting out of prison the first time he went back to jail months later and even after getting out the second time he choose to go back to his same ways not trying to see child until months after being out now the kid just choose not to see him at... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

You don’t say how old the child is, so the quick answer is maybe. If contact is denied to the father, he will have to petition to court for either visitation rights or some kind or contempt if there is an Order in place establishing his visitation rights.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a non-custodial parent's visitation be restricted to supervised if she is suicidal?

The children are 10 year old triplets and have been in the father's custody for 8 years. Mother has visitation. Last night, mother sent text messages to all 3 of the children on their cell phones threatening suicide. What steps will have to be taken and is it possible to have an emergency... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

Yes, an emergency hearing would be available to the custodial parent in this situation with or without notice to the noncustodial parent, depending on the circumstances. However, steps should be taken to file such a motion immediately. Once the emergency has passed, the custodial parent will have... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: Can a sperm donor who helped a same-sex couple have a baby pursue rights to the child if he signed papers with a notory?

The biological mother and her partner are both on the birth certificate and in the agreement signed by the sperm donor and the mother states that he would not pursue any rights and that the biological mother has the right to appoint whoever she wanted as the other parent of the child.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

The first consideration for Chancery Court is the best interest of the child. The contract between the donor and the birth mother is only one piece of evidence to be considered. The donor may be able to contest the arrangement and seek visitation with the child. However, it will not be an easy... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Mississippi on
Q: If my divorce settlement says that my ex-husband doesn’t have to pay child support, how soon can I go back to court

We have made a divorce settlement that isn’t signed yet. I’m thinking I don’t want to sign it after all. I don’t like the custody arrangement and his lack of paying child support. If I sign it, I know I have to wait until there’s a material change to readjust custody arrangements, but do... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 24, 2020

Each parent has a legal dury to support their child or children until they reach majority. The notion of waiving child support for better terms under your divorce is never an appropriate exchange. It does happen frequently, but rarely to the advantage of the parent waiving child support. I would... Read more »

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 »

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