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Mississippi Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My brother died November last year. He had 2 kids by his wife. Now she is not letting our dad see them.

I am just wondering if there is a time limit that grandparents have before they can try for visitation? She has blocked all communication with them.

Arthur Calderon
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Arthur Calderon
answered on Apr 2, 2018

The sooner your father acts, the better. In Mississippi, grandparents do not necessarily have visitation rights with their grandchildren, unless very particular circumstances are met. With your brother having passed away, that opens the door to allow grandparents' visitation; however, your... View More

1 Answer | Asked in Child Custody, Civil Rights, Election Law and Juvenile Law for Mississippi on
Q: I live in MS. I'm 18. If i move out of MS and buy a house and live in TN, am I a legal adult?
Baskin Lowber Jones
Baskin Lowber Jones
answered on Mar 26, 2018

MS judge's blog on the subject:

https://betterchancery.com/2011/08/22/emancipation-today/

1 Answer | Asked in Child Custody for Mississippi on
Q: The divorce is over and final, my brother is wanting to fight back for joint custody of his 2 children
Arthur Calderon
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Arthur Calderon
answered on Mar 26, 2018

You will likely need to consult an attorney to discuss the likelihood of being able to modify custody. Assuming that the divorce was recently finalized, he would have to prove specific facts in order to modify the custody arrangement established in the divorce decree. At a threshold level, he would... View More

1 Answer | Asked in Child Custody and Divorce for Mississippi on
Q: I need a divorce lawyer for my brother who is battling for custody of his 2 children. He has $1000 to pay up front
Arthur Calderon
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Arthur Calderon
answered on Mar 24, 2018

Feel free to contact any attorney listed that does divorces or practices family law.

1 Answer | Asked in Child Custody for Mississippi on
Q: If parents of a child were never married. Mother and Father are on the birthcertifice. Can one parent deni visitation?

The mother has the child and will not let the father see the child unless someone from her family is there. He is not allwoed to leave with the child. If he does leave with the child is he braking the law?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2018

Generally, no. Mississippi law establishes that both natural parents have an equal right to maintain an uninterrupted relationship with their minor child, absent a judge's determination saying otherwise or articulating that there should be supervised visitation.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: Does my husband have rights to his 12 year old son that he has never seen and we are now being asked to pay...

At this point no test has been done but if he is my husbands son and we are ordered to pay child support do we have the right to establish a relationship with him...

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2018

In Mississippi, a parent has a right to maintain a relationship with his or her child, regardless of whether they have physical custody over the child. You will likely need to talk to an attorney to gather additional facts, such as whether there was a custody order ever established, and what sort... View More

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: My ex wife and I have papers from chancery court stating becausw we share legal and physical custody neither party

Shall pay any child support now 2 yeats later they are taking it out of my check. Is this legal I've never gotten any papers stating she was trying to make me pay or anything from the court?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2018

You will need to talk with an attorney to discuss the facts of your case. Depending on the circumstances, like if she was trying to get government benefits for the child, then DHS may attempt to collect child support from you on behalf of the child and the mother.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: DHS was called on my relative. He was ordered to stay away from his children for 30 days. What are his parental rights?

There have not been any court orders regarding any aspects of this situation. He doesn't know what his legal rights are as a parent since DHS is involved.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2018

It sounds like this may be something that went through youth court, which means that there may be allegations of abuse and/or neglect. Usually, there is an order established that limits any contact with the children while DHS conducts its investigation.

1 Answer | Asked in Child Custody for Mississippi on
Q: What happens If my ex is not required to pay child support because we have Joint legal/ physical custody, but still pay?

If you have a custody agreement, and have been divorced, can you be taken back to court after it is final to change custody due to infidelity during the marriage?

Baskin Lowber Jones
Baskin Lowber Jones
answered on Mar 18, 2018

Either party can petition for changes to the custody agreement. Usually there will need to be a good reasons for a change in the agreement.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: Which last name will my baby carry the day it's born?

I'm married and pregnant. My husband is not the father. The father is incarcerated and might be there when I give birth.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 11, 2018

In Mississippi, a child born while the mother is married is presumed to be the product of the marriage, which means that the law presumes that your husband is the father. You will need to consult an attorney to walk through the process to determine paternity, especially in light of you still being... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: This is a letter I received from my dad about my kids. I am wondering if its even possible to do and what I

You and your husband, both of you, will appear before a judge of your own choice. You will obtain a court order from the judge. The court order will state that in the future, if you or Lou, either of you make any attempts to deny me my right to see and visit with my grandsons, you, and or Lou,... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 7, 2018

You need to consult an attorney ASAP. This case goes directly to grandparents' visitation rights, which are limited in the State of Mississippi. In Mississippi, a grandparent is only entitled to visitation with their grandchildren if very specific requirements are met. The analysis hinges on... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: My daughter gave up her rights for her child to us, how do we give them back without hiring an attorney?

What papers and procedures do we need to do?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 5, 2018

The best thing for you would be to contact an attorney so that they can walk you through the steps. You will need to draft/file a petition, as well as a summons to both parents, and, depending on the judge, have a hearing. Bear in mind that you may also be required to have a guardian ad litem... View More

1 Answer | Asked in Child Custody and Divorce for Mississippi on
Q: My brother is fighting custody can him taking his son to stay the night with a girl hurt his chances and him still marri
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 4, 2018

Generally, judges do not like it when a parent allows their children to spend the night when there is a member of the opposite sex also staying the night, unless the other person is related by blood or marriage.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My child's bio dad committed murder, of a 7 month old baby. Can I terminate his right. Hes had No contact for 2 years

Hes had no contact with my child for 2 years. And had limited contact prior to then. He is currently on prison for capital murder.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 1, 2018

Generally, a parent's rights can be terminated if they have gone a specific time without voluntary contact with their child, as well as based on other factors. Your best bet would be to consult with an attorney to discuss the unique facts surrounding the lack of contact, and to assess the... View More

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: As a child my abusive father kidnapped me& kept me from my mother. Is it illegal for me to keep my kids away from him.

I really need to know. Please help me.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 22, 2018

It seems as though your question goes to grandparents' visitation rights. With that in mind, grandparents only have rights under very particular circumstances, such as incarceration of the parent, death of the parent, or termination of parental rights; provided that other conditions must be... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: can youth court refuse to give the mother copies of court records when children went to court through dhs

it was the grandmother granted temporary custody in mendenhall ms now the court says I can not obtain copies of those papers which were given to me at that time but got lost moving how can I obtain the papers for a lawyer?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 22, 2018

As the parent, you should be entitled to receive a copy of any and all papers related to the case. It may be that you need to contact the court clerk or administrator, or have an attorney contact the court on your behalf.

1 Answer | Asked in Child Custody for Mississippi on
Q: I had a baby at 16 my great aunt had adorable custody of me..does she legally still have custody of me ?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 22, 2018

Perhaps. Usually, a person maintains custody until a separate custody order is put into place, the child becomes emancipated, or under other similar circumstances.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: ex not following court order for visitation. other than being held for contempt of court order what all can I use

got court order for visitation and ex has not following them at all, haven't seen my kids in over 8 months

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 21, 2018

It depends on whether he is not exercising his right to visitation or whether he is going beyond the scope of visitation without informing you. With the way that most orders are set up, he cannot be forced to visit the children; rather, the order explains the bare minimum for when he can see them.

1 Answer | Asked in Child Custody for Mississippi on
Q: My ex wife has a new boyfriend who is a convicted drug felon can I keep my kids from being around him? We live in Ms.

He was convicted in 2017 with heroin and meth. He was arrested with heroin meth needles marijuana and dui.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 19, 2018

It depends, largely on what your divorce settlement says. Typically, there will be a restriction on overnight guests of the opposite sex when the children are with their parents, unless the guest is related by blood or marriage. As far as other restrictions, courts are hesitant to restrict those... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: If a case has been dismissed and lawyer tell parents to get children. Why would the law take them right back
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 16, 2018

This is going to depend on several things, the biggest being the circumstances in which the case was dismissed and why the law ended up getting the children again. You likely will need to consult with an attorney to provide additional information concerning those circumstances, and who can provide... View More

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