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Mississippi Family Law Questions & Answers
1 Answer | Asked in Car Accidents, Child Support, Personal Injury and Family Law for Mississippi on
Q: How much will child support take out my personal injury settlement in Ms
Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 17, 2024

The answer is depends. First, how much are you getting in the settlement and how much do you owe in support. Based on the basic law in Mississippi, the DHS will want to recover as much as possible. If the child support lien can be fully satisfied while you still make any recovery, they will... View More

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: if child in MS don't further their education after high school and get a full time job do child support stop? if not why
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 13, 2024

If the child reaches 18 years old and either does not finish high school or does not go beyond high and does not get a job, then the Court can declare the child emancipated for the purposes of child support, which would then stop the child support payments.

1 Answer | Asked in Family Law and Juvenile Law for Mississippi on
Q: hi im 17 but once i turn 18 do i legally have the right to buy whatever from online without consent of my parents?

and do i have legal control of my own money to buy whatever i want off of online even if the money was given to me as a gift do they have a right to take that if im 18?

James L. Arrasmith
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answered on Apr 21, 2024

Once you turn 18, you are considered an adult in most countries, including the United States. This means that you have the legal right to make your own decisions, including purchasing items online without the consent of your parents. However, there are a few important points to consider:

1....
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1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Elder Law for Mississippi on
Q: Is there an atty in MS who will take on cps & help grandparents-without fear of retribution from youth court system?

Grandparents being given misinformation after showing interest in fostering twin grandchildren who were addicted to cocaine at birth. CPS created repeated delays in court sessions on transferring infant children to grandparents custody. CPS requested that grandparents not get foster license because... View More

James L. Arrasmith
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answered on Mar 8, 2024

I'm so sorry to hear about the difficulties and frustrations your family has been going through trying to gain custody of your grandchildren. The delays and misinformation from CPS sound extremely stressful and concerning.

To answer your question directly - yes, there are absolutely...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Mississippi on
Q: What happens after protective ordrs are over.. Do you have full parental rights back
James L. Arrasmith
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answered on Feb 24, 2024

After a protective order expires, whether you regain full parental rights depends on the specific circumstances and conditions of the order. In some cases, the expiration of a protective order may automatically restore your parental rights to their previous status. However, if there were underlying... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: If alcohol monitoring is ordered in temporary hearing and all tests are passed can it be removed in final decree ?

My ex has a more experienced lawyer than I can afford and she brought into the hearing a public intoxication charge. We are granted joint custody with a breathalyzer during my weeks . I’m fine with it and doing great but I’m terrified in mediation or trial he will attempt to keep this order... View More

T. Augustus Claus
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answered on Feb 1, 2024

In Mississippi, the conditions set forth in a temporary hearing, such as alcohol monitoring, can be subject to modification in the final decree. If all alcohol tests during the temporary period are consistently passed and there are no further concerns about alcohol abuse, it's possible to... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Mississippi on
Q: If your marriage doesn’t work or compatible after marriage , what is the process for a divorce
James L. Arrasmith
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answered on Jan 29, 2024

If you are considering divorce due to incompatibility in your marriage, the process generally begins by filing a petition for divorce with your local court. This petition should state the grounds for divorce, which in many states can simply be "irreconcilable differences" or a similar... View More

2 Answers | Asked in Child Support and Family Law for Mississippi on
Q: Yes my daughter will be 20years old this November. And I was told she had actually moved out of hermoms @17 still paying

I'm still paying child support.shouldnt it have stopped by now?

James L. Arrasmith
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answered on Jan 12, 2024

In most cases, child support obligations continue until the child reaches the age of majority, which is typically 18 years old. However, there can be circumstances where support continues beyond this age, such as if the child is still in high school or has certain disabilities. If your daughter... View More

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2 Answers | Asked in Child Support and Family Law for Mississippi on
Q: Yes my daughter will be 20years old this November. And I was told she had actually moved out of hermoms @17 still paying

I'm still paying child support.shouldnt it have stopped by now?

T. Augustus Claus
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answered on Jan 12, 2024

In Mississippi, child support obligations typically continue until the child reaches the age of majority, which is 21 years old in this state. However, if the child is emancipated or has moved out of the custodial parent's home and is financially independent before reaching the age of... View More

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2 Answers | Asked in Family Law, Criminal Law, Elder Law and Federal Crimes for Mississippi on
Q: Louisiana-my dad purchased our family home with money he collected from a lawsuit injury over 25 yrs ago. Then married.

The title of the house and property is exchanged several times between him and his sister and eventually his ex-wife(25 yrs younger) is add. They've been divorced for 8 to 10 years now and she's suing him for community property. His attorney said it was a mortgage on the house that she... View More

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answered on Jan 13, 2024

In Louisiana, the "dirty hands doctrine" is not a recognized legal doctrine that would automatically prevent someone from claiming community property in a divorce case. Community property laws in Louisiana can be complex, and the outcome of your dad's case would depend on various... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: Can I be charged with kidnapping or any other crime in Pennsylvania for bringing my son home if his home state is MS

If I go get my son back from Pennsylvania where my wife has taken him can I be charged with kidnapping or any other crime from the Pennsylvania side the childs home state is Mississippi also assume there was no physical confrontation between me and my wife I go to Pennsylvania I get my son and I... View More

William R. Wright
William R. Wright
answered on Nov 26, 2023

I am not aware of all of the facts, and since I am not your attorney, I hesitate to give you advice on that question. I will say, hypothetically, that if there is no court order, I don't see how you could be charged with kidnapping. Again, I don't know all of the facts, and I am not your... View More

1 Answer | Asked in Child Custody, Divorce, Criminal Law and Family Law for Mississippi on
Q: My wife took our 1 yr old son to PA from MS because I wanted a divorce what would happen if I went and took him back

Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses... View More

William R. Wright
William R. Wright
answered on Nov 24, 2023

You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could... View More

1 Answer | Asked in Child Custody, Juvenile Law and Family Law for Mississippi on
Q: Can CPS terminate a parent's rights for no reason
T. Augustus Claus
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answered on Nov 14, 2023

No, CPS (Child Protective Services) cannot terminate a parent's rights for no reason. CPS can only terminate a parent's rights if there is evidence that the parent has abused or neglected the child. Abuse includes physical, sexual, or emotional abuse. Neglect includes failing to provide... View More

1 Answer | Asked in Juvenile Law and Family Law for Mississippi on
Q: How can a 15-year-old in Mississippi file for emancipation with deceased mother and drug-using father?

I am a 15-year-old minor in Mississippi. My mother is deceased, and my father is heavily using drugs and has left me in the care of a responsible adult. I receive a monthly check from my mother's death, but my father takes it and spends most of it. I can financially support myself with this... View More

James L. Arrasmith
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answered on Apr 13, 2025

Mississippi does not have a clear legal process for minors to file for emancipation the way some other states do. However, the court can grant custody or guardianship to a responsible adult when your parents are unable or unwilling to care for you. Since your mother has passed away and your father... View More

1 Answer | Asked in Juvenile Law and Family Law for Mississippi on
Q: How to legally pursue emancipation at 15 in MS?

I am 15 and living in a stressful, toxic, and mentally and verbally abusive home environment. I want to become emancipated to create a more stable and loving environment for myself. My grandmother and a few friends are willing to support me, and I have an adult helping with planning and... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Mississippi, there isn’t a formal process for minors to petition for emancipation the way there is in some other states. Instead, emancipation usually happens through specific legal circumstances, like marriage, military service, or a court granting adult responsibilities in a unique case.... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Mississippi on
Q: How to obtain guardianship for boyfriend after brain injury against his grown children's likely opposition?

I have been caring for my boyfriend for over a year after he suffered a brain injury. Before his injury, he verbally expressed that he wanted me to make medical decisions for him, but we don't have it documented. His grown children likely oppose me having legal responsibility but have allowed... View More

James L. Arrasmith
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answered on Apr 13, 2025

To obtain guardianship of your boyfriend, you would need to file a petition for guardianship in the chancery court in Mississippi. Since your boyfriend suffered a brain injury and is unable to make certain decisions for himself, you would need to demonstrate that he is legally incapacitated. This... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Mississippi on
Q: My husband is using my identity and has denied me financial medical and more he has ruined my life my reputation my prov

Or have a normal independent life we have 6 kids i filed reports and more but nothing he was 20 when he bought me from my mom for350 dollars was 10 I'm now 34

James L. Arrasmith
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answered on Apr 13, 2025

I'm so sorry to hear that you're going through this difficult situation. It's clear that you've been experiencing serious abuse and hardship. If your husband has been using your identity without your permission, this could be a form of identity theft, which is illegal, and you... View More

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: Can divorce papers be voided due to incorrect name?

My wife filed divorce papers using the name Sarah Sellers Walters, which includes my last name, even though she never legally changed her last name to Walters. Her legal documents all list her name as Sarah Mackenzie Sellers. Can the divorce papers be thrown out due to this discrepancy in her name?

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answered on Apr 13, 2025

A discrepancy in your wife's name on the divorce papers, such as using your last name when she never legally changed it, is unlikely to void the divorce itself. Courts generally focus on the substance of the case, and a minor clerical error in a name will usually not invalidate the divorce... View More

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Split custody moving plans and court requirements in Mississippi

I have split custody of my 5-year-old with my ex-husband, and there's no stipulation about primary physical custody in our agreement. Every other week, our child is with each parent as per the current arrangement. My new husband and I plan to move about 2 hours away in about 2 years. The... View More

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answered on Apr 12, 2025

Since your custody agreement specifies that your child must attend school in a certain county, moving to a new location could require modification of the existing arrangement. The move could impact the child’s schooling and visitation schedule, so it’s important to address these changes... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Mississippi on
Q: How to protect 401(k) retirement from ex-spouse after 20 years of marriage?

I have been married for twenty years and am concerned about protecting my 401(k) retirement payments from my ex-wife. I held the job with the 401(k) before we got married, and she has not contributed to it. There have been no court proceedings specifically addressing my retirement. How can I... View More

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answered on Apr 12, 2025

It's completely understandable to want clarity and protection when it comes to your retirement after such a long marriage. In Mississippi, any part of your 401(k) that was earned or accrued during the marriage is typically considered marital property, even if your spouse didn’t directly... View More

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