Mississippi Child Custody Questions & Answers

Q: Per Divorce Decree other parent was to pay half of private school tuition and hasn't for 8 years. Can I do anything?

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Answered on Apr 13, 2019
Arthur Calderon's answer
Yes, you can initiate a contempt action against the other parent on behalf of the minor child.

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?

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Answered on Mar 25, 2019
Arthur Calderon's answer
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.

Q: Can a preschool withhold a minor's school records to a noncustodial parent with joint legal custody Mississippi?

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Answered on Feb 17, 2019
Arthur Calderon's answer
That's a negative. If you have joint legal custody, then you are entitled to know any information pertaining to your child.

Q: Temporary guardianship in state if Mississippi...give aunt temporary custody of 12 year old for better schooling

1 Answer | Asked in Child Custody for Mississippi on
Answered on Feb 10, 2019
Arthur Calderon's answer
I am not entirely sure what you are asking. Are you wanting to give someone a temporary guardianship or temporary custody?

Q: Is there any chance to regain custody after having my kids adopted by stepdad without my knowledge?

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Answered on Jan 26, 2019
Arthur Calderon's answer
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.

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

1 Answer | Asked in Child Custody for Mississippi on
Answered on Dec 24, 2018
Arthur Calderon's answer
More than likely, it will be until she reaches the age of majority, or when she turns 21.

Q: My daughter died almost 2yrs ago has two kids out of wedlock with their father he died yesterday can I get custody

1 Answer | Asked in Child Custody for Mississippi on
Answered on Dec 2, 2018
Arthur Calderon's answer
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.

Q: A relative used my user & pw for Facebook messenger & is using private pictures against me in court. Is this illegal?

1 Answer | Asked in Family Law, Child Custody, Federal Crimes and Internet Law for Mississippi on
Answered on Nov 18, 2018
Arthur Calderon's answer
It very well could be. You should probably bring that to your attorney's attention, so that it can be excluded.

Q: I have custody of both my children and my mother wants to take custody how can I take action against her?

1 Answer | Asked in Child Custody for Mississippi on
Answered on Nov 4, 2018
Arthur Calderon's answer
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.

Q: I was 17 years old when I signed coustady of my daughter to her grandfather my mother didn’t know is that leagal

1 Answer | Asked in Child Custody for Mississippi on
Answered on Nov 4, 2018
Arthur Calderon's answer
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.

Q: How can I get my grandkids back who are in my custody after the father has taken them to another town

1 Answer | Asked in Child Custody for Mississippi on
Answered on Oct 21, 2018
Arthur Calderon's answer
You need to find an attorney to file a contempt action and request an emergency hearing.

Q: do i have any rights, custody or visitation?

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Answered on Sep 19, 2018
Arthur Calderon's answer
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 you may have the ability to sue for custody over your child, or at the very least, standard visitation.

Q: Can my ex get in troble for filing a false contempt?

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Answered on Sep 14, 2018
Arthur Calderon's answer
You could respond to the complaint, and request reimbursement of attorney fees for him filing a frivolous contempt action.

Q: Can a parent sign over custody of their minor child to a family member without going to court?

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Answered on Sep 14, 2018
Arthur Calderon's answer
Unfortunately, no. In order for any custody modification to be deemed valid, it has to be approved by order of the court.

Q: How many times can a noncustodial parent take the parent with paramount custody back to court for a change of custody?

1 Answer | Asked in Child Custody for Mississippi on
Answered on Sep 10, 2018
Arthur Calderon's answer
Theoretically, she can take you as many times as she would like; however, assuming you have a lawyer, he or she could file a counter claim and request sanctions for filing a frivolous claim.

Q: Can I Dona no fault with kids under irreconcilable differences?

1 Answer | Asked in Divorce and Child Custody for Mississippi on
Answered on Aug 29, 2018
Arthur Calderon's answer
You can; however, you will need a property settlement agreement dictating how exactly custody, visitation, and child support will work between the two parties.

Q: My parents took emergency custody of my children and now refuse to let me see or speak to them...what are my rights?

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Answered on Aug 26, 2018
Arthur Calderon's answer
This depends on large part on what the emergency custody orders say, particularly with regard to visitation. If this is a youth court matter, then the goal is reunification of the family. If, however, it is in chancery court, then you face an even harder battle. Your best bet is going to be to consult with an attorney to review the emergency custody order and to discuss your options as you move forward.

Q: Durable physical and legal custody and non custodial, non visitian parent rights. Are there any rights afforded ?

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Answered on Aug 1, 2018
Arthur Calderon's answer
It really depends on what your endgame is. If you want custody over your grandson, then you will need to petition the chancery court, and show that it is in your grandson's best interest that you be granted custody. I'm assuming, though, that this is a youth court matter, which has quite a few different loopholes to jump through in order to coordinate a custody modification in chancery court.

Q: Does it look bad that I voluntarily agreed to supervised visitation?

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Answered on Aug 1, 2018
Arthur Calderon's answer
Well... as to the custody part, it is incredibly hard to modify custody, as it depends on whether there has been a material change in circumstances that negatively impacts the child, and whether the judge would believe that it would be in the child's best interest to modify custody. As to the visitation, the standard to lower that is significantly lower.

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