You can; however, you will need a property settlement agreement dictating how exactly custody, visitation, and child support will work between the two parties.

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... View More

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... View More

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... View More

No. With the way that child support works, it follows the child wherever the child lives. Your husband's best bet is going to be to get with an attorney to modify custody, as well as child support, siting the fact that the child now lives with his father and that the mother is threatening to... View More

Since the child is yours and born of the marriage, the child's name legally must be your name.

Not unless there is a modification of custody.

Based on the facts as you've told them, you have several grounds for a divorce. Feel free to reach out to any attorney on this forum, as most of us are happy to provide a free consultation to discuss your case, and advise you accordingly.

Your best bet is going to be to sue for custody over the minor children. Assuming that you do so, the judge is going to determine what is in the best interest of the children, and look to various factors when considering who should ultimately have custody over the minor children. Feel free to reach... View More

If the custodial parent passes away, then the non-custodial parent should be able to petition the court for custody over the minor child. Was there ever a child custody order entered into in Mississippi?

At this juncture, not a whole lot. In order for there to be a modification of custody, there has to be a material change of circumstances that negatively impacts the child, and even then, the judge has to review several factors to make such a determination. In your situation, you shouldn't... View More

Unfortunately, a child's opinion carries no weight until she reaches 12 years old. Even then, in order to modify custody, you have to establish that there has been a material change in circumstances that negatively impacts the child. As far the physical custody aspect is concerned, the same is... View More

He has rights if he establishes that the child is his. Mississippi law presumes that a child born during a marriage, even if conceived before the marriage, is considered a product of that marriage. His best bet is going to be to get with an attorney to initiate a paternity action.

If you are raising your nephew, then you may have solid grounds to obtain custody over him, particularly if the mother is in jail and the father is not maintaining an active presence in his life. That being said, your best bet would be to contact an attorney to discuss the circumstances in which... View More

Glad to see another Cleveland person in this! First and foremost, I'd be curious to know whether there has ever been a court order acknowledging you as the father. Unless you've held yourself out to be the father, or a judge has determined that you are the father, then you do not... View More

In order to modify custody, she would need to establish that there has been a material change in circumstances that negatively impacts the child, which is a very heavy burden. That being said, in the right circumstances, moving from one place to another, even if for another job, can sometimes be... View More

Previously answered.

Without more information, it is rather difficult to answer this question. What were the circumstances of you having custody? Was there an order ever issued allowing the father to have some sort of visitation? If so, what were the provisions explained in that order?

In order to prevail on a custody modification, she will have to prove that there has been a material change in circumstances that negatively impacts the child, which is a particularly high standard. During any litigation involving this, the judge will first determine whether that standard has been... View More

You may be able to petition the court to ensure that your daughter is returned to you. Typically, guardianships are temporary, and may terminated at any time by the party who authorized the guardianship. Your best bet would be to gather any and all necessary legal documents related to the... View More