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Mississippi Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My ex is trying to stop me from seeing our 5 year old daughter an has her around her new boyfriend,what do I need to do

I've been paying child support since she was born an I'm on the birth certificate,an she is making my daughter think that I don't won't to come see her but she won't let me,she took off with her an left her home an had her around her new boyfriend the next day,an I... Read more »

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

You need to hire an attorney and file a paternity action, asking for your rights as a father, including visitation rights. Do not go through DHS because they cannot handle the visitation issue.

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: How do I adopt a child I’ve had custody of for 2 years?

I have had custody for 2 years. My sister is a drug user who was in a dangerous position and we got my Neice. My husband and I want to adopt her but do not know where to start? Do we need an attorney? She’s in agreement (at the moment). She’s had no physical contact with her in months. She goes... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 5, 2022

Here's what you need to do:

1. Fill out the petition and send it to the Circuit County Court in the county where you live.

2. Obtain the mother's permission. If the parent is emotionally or financially unfit, or if the parent has abandoned the child, Florida law may allow...
Read more »

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Me and my boyfriend have had his granddaughter since the day she was born, no support

His daughter was pregnant her boyfriend was in jail it wasn't his he said he will not raise it so she asked us to raise it as ours when the baby was born she gave us a signed nerdrise document stating we had sole custody of her and was responsible for her well being because he's not had... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 29, 2022

Without a court order, she would be able to take the child if law enforcement will help her take the child from you. That is a big if because most will not get involved in these matters. You should immediately file an action in the chancery court of the county where you live, alleging that she... Read more »

1 Answer | Asked in Family Law for Mississippi on
Q: Would automatic sole custody given to unmarried mother be considered the same as order/decree giving 1 parent custody?

I’m asking information about TYPE 1 in MS code 93-63-3. (grandparents visitation) I am aware there is a TYPE 2.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 23, 2022

No. There is no true automatic custody. For the father to have court ordered visitation, someone has to have court ordered custody. I would advise you to contact an attorney. As I stated before your questions are more than can be adequately answered in this forum.

1 Answer | Asked in Family Law for Mississippi on
Q: What’s the process of changing a minors (4yrs) whole name?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 23, 2022

You will have to file a petition in chancery court in The county where the child lives. The petition will have to provide the court with the present name of the child, the proposed new name, and the reason for the change. The petition will need to be signed by the parents of the child or notice the... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: What will be done about these 4 errors on a complaint for grandparents visitation?

1- STEP-grandfather is named as a plaintiff 2- Under section 93-63-3, grandparents can only seek visitation if a court enters a decree or order awarding custody to (1) parent of the child or terminating the parental rights of (1) of the parents of the child or whenever (1) of the parent dies. - I... Read more »

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

The issue of grandparents’ rights is much more complicated than can be fully discussed here.

1. The step-grandparent can be a named party. Second, you have quoted only a portion of the statute.

2. Visitation rights can also be awarded if the grandparent can show that a...
Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Mississippi on
Q: What's the appropriate term to us for give up rights other than abandonment
V Julia Luyster
V Julia Luyster
answered on Jul 22, 2022

I do not practice law in Mississippi and this is not legal advise. However, another word for "giving up your rights" is to relinquish your parental rights, to terminate your rights. I hope that whatever situation you are facing that you are well.

Julia

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1 Answer | Asked in DUI / DWI, Family Law, Native American Law and Animal / Dog Law for Mississippi on
Q: I’m a victim due in court as the witness in a case of dog I don’t want to press charges. I wrote a statement.

What should I say in court? Should we both get a lawyer? Will this go on our record?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 19, 2022

It really depends. There is nothing necessarily requiring you to have a lawyer as a victim; however, if there is the possibility of a civil suit for damages against the dog's owner, you may want to seriously consider having a lawyer present so that they can also communicate with the prosecutor... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Do I have any rights I've been in a child's life for the last 5 yrs now I can't see him anymore bc mom with a black man
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 30, 2022

If you are not the biological parent, we’re not married to the other parents, and have not been awarded any visitation with the child through a court order, you do not any any rights to the child. I’m very sorry.

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 »

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