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Mississippi Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Mississippi on
Q: Why does my sister have to pay a lawyer to get my deceased mother's house in her name?

My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 14, 2022

This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or... Read more »

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: My ex and I have a custody agreement that includes child support, he was recently arrested, what will happen w/child spt

Child support is only $100 per month

Incarcerated parent is non custodial parent.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 10, 2022

The child support will continue to accrue each month. Incarceration does not remove his obligation.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Mississippi on
Q: No matter the situation when filing child support will the woman always win if the man was abusive in the relationship?

The man was physically and mentally abusive. Will the woman win full custody for this reason no matter what.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 22, 2022

One of the factors that the court will take into consideration is whether violence has been perpetrated by either party during the relationship, especially if children were present at the time. Our case law and statutes are clear that the party who is found to have been violent during the... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Mississippi on
Q: Grandmother has full custody of 8 week old baby. Both parents in prison. Grandmother wants to sign baby over to someone.

Grandmother is already taking care of 5 children & can’t take care of an infant. She wants to find a good family to give full custody to. Can she do this without parents signing anything also? G’mother is in Louisiana and new family would possibly be in MS

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 21, 2022

Because the child is a resident of Louisiana, Louisiana statues would govern; therefore, you should contact an attorney licensed in that state.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: If a custodial parent files papers for the non-custodial parent to sign over their parental rights on the grounds of

abandonment in the state of MS, and the non-custodial parent is willing to sign them, but the children aren’t being adopted by someone else, will the non-custodial parent still be required to pay child support after they have relinquished their legal rights?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 21, 2022

No. Once the parental relationship is terminated, all obligations cease. The exception is that if the non-custodial parent had accrued a child support arrearage prior to the termination and a contempt action was brought to recover those funds, the arrearage is still owed.

1 Answer | Asked in Estate Planning, Family Law and Probate for Mississippi on
Q: What do I need to do to secure my minor son’s inheritance from his fathers estate, without help from his family?

I have only seen the Will of my son’s late father, who passed in 2021. The will leaves everything to our son. However, his parents took control over his businesses, properties, vehicles, guns, accounts, everything. His father is the executor and has not told me a single thing about what is... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 27, 2022

You should file a objection with the Court and inform the Court what is going on. There is no reason for the beneficiary to be homeless if there is a house that has been left to him. You can get a copy of the Will from the courthouse. Go to the Chancery Clerk’s office in the county where your ex... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: CPS in the removal of children from home

I need guidance asap

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 16, 2022

What is the question?

1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Mississippi on
Q: What do I need to do when someone signed my name on a waiver?

My dad is in a nursing home and he has no idea what his wife has been doing with his affairs. She petioned conservatorship over him and I strongly believe she is the one who forged my name to document waive of jonder(?) I know I didn't sign anything cause she told no one what she was doing.she... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 18, 2022

You should file an objection to the waiver, which can be something as simple as stating that you did not sign the waiver filed with the court and that you object to the conservatorship. You should also contact the attorney representing your stepmother and appear at the time and place set for... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: What form do I file to child support case that's about to go to court
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 11, 2022

You do not provide enough information about your current situation to answer this question. I’m unsure as to what “form” you are referring to.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My child's mother gave temporary custody to her parents My sons mother recently died. Do I get custody now

I didn't know she done this.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 4, 2022

The answer is not necessarily. You don’t say where the child is now or why and when custody was transferred. Depending on the circumstances, you may want to try to obtain possession of the child and then immediately petition the chancery court for custody. However, not having physical possession... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: I have temp durable custody of nephews. Can I just return them to their custodial father when he is released from jail?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 26, 2021

You don’t say whether or not the custody was given to you by the court through a court order or whether it is a private agreement between you and the parent(s). If you were awarded temporary custody through a court order, then you will need to go back to that court and asked that custody be... Read more »

1 Answer | Asked in Criminal Law and Family Law for Mississippi on
Q: Is it legal for a conservator "borrow" money from their conservatee's bank account, and put it back later?

Conservator took money out of her ward's bank account without telling her. When ward checked bank balance, she noticed money missing. conservator stated that she needed to borrow it and told her ward, "Don't worry, I will replace it".

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 3, 2021

A conservator is supposed to act in the best interest of the ward, which means that a bank account that belongs to the ward should not be used as a source of funds for the conservator, even if the conservator is using it as a loan.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: Does my child support end if my 19 yr old son joins the military? He is joining air national guard with Air Force in MS.

My son will be 19 yrs old in January and is currently in college; however, he may not be next semester due to him joining the military. Does joining the military automatically emancipate him and child support stops or will I need to file a modification to end the child support and show proof of him... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 19, 2021

Yes, joining the military on a full time basis is an emancipating event in Mississippi.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: Can my kids’ mother file a child support order in Mississippi if she nor the kids have ever lived here

Child support petition

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 15, 2021

If you live in Mississippi and have a support order from another state, the originating state will send the order to Mississippi for collection efforts.

1 Answer | Asked in Family Law for Mississippi on
Q: I'm seeking a divorce from my wife while moving to my mother's house in a different state. Does this affect the filing?

My wife and I have been married for three months, but co-habitating and living as a monogamous couple for a decade. I am fully financially dependent on my wife. She came home about a week and a half ago, said this isn't working, and left me by myself with our pets. My mother had to come get... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 4, 2021

You would need to contact an Alabama attorney. You would not be able to file in Mississippi, unless she also moves out of Alabama.

1 Answer | Asked in Family Law for Mississippi on
Q: Cps is holding custody of my son but the cps in my county has already decided not to remove my child

I had my son in a county I didn't live in when hospital called they lied filed false report dhs from my county started investigation and called hospital to tell them everything was fine baby is to be released to me. They did not like that answer after a bunch more hell they called the county... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 25, 2021

You need to hire an attorney immediately in order to make sure your rights as a parent are preserved. You do not say why your son was in the hospital or the reason that the hospital called CPS, so I cannot speak to that. CPS will eventually put you on a parenting plan that you should follow. That... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Mississippi on
Q: If my ex husband is not following the divorce papers and paying his half of my childrens extra expenses what do I do?

My divorce papers state that my ex husband is supposed to have insurance on my children and pay extra expenses for any extra curricular activities or expenses. My daughter has had braces twice and I’ve paid out of pocket neither him nor his insurance has paid anything and my son is taking college... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 21, 2021

You should retain an attorney and file a petition asking that your ex be found in contempt and requesting any amounts owed to you, including attorney’s fees, filing fees, and service fees.

1 Answer | Asked in Family Law for Mississippi on
Q: If my son's mother signed documents to take me off of child support can she file for child support again? ( Mississippi)

In 2017 my son's mother signed documents to take me off of child support. However they never stopped taking CS out of my check. Now the state of MS is coming after me for more money.

Do I have any legal recourse here? I'm being told that even though she signed those documents... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 14, 2021

Yes. She can refile for child support at any time prior to the child emancipating.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Mississippi on
Q: Can Ms cps stop parents from getting medical updates from hospital on baby? I have been cooperating and very involved

My baby is in NICU. MSCps took custody this week. I have called hospital every single day since she was born to check on her. They have restricted the hospital on giving me, her mother, any info. I have done andor currently everything they have asked. They said bc they havent heard my voice in... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 10, 2021

Yes, you have the right, as her mother, to receive medical information of your child, unless you were using that information in an inappropriate manner. If CPS continues to interfere with this right, you may have to contact the social worker’s supervision or go to court and ask that any such... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a person who voluntarily terminated their parental rights be allowed to visit and/or interact with the children?

What are the rights of the other parent in these instances?

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

Whether or not the terminated person is allowed to visit with the child is totally up to the discretion of the parents. The terminated person has no legal standing to demand contact with the child.

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