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Mississippi Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My daughter turns 12 next month and wants to live with me full time. Can I do this myself at a courthouse w/no lawyer?

I understand that the child can choose which parent they want to live with if they are 12 or older, even though the judge has the overall decision on the matter after an interview with the child. Now to my question. Is having a lawyer required for this process? Or is it something I can go to the... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

It is something that you can attempt to do yourself; however, when it comes to custody matters, many judges throughout the state require that the parties be represented by an attorney.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My ex. arrears balance is 84,000 for twins who are now 23. One has a handicap. Does this balance expire due to age?
Arthur Calderon
Arthur Calderon answered on May 16, 2020

Yes. Your children (or you acting on their behalf) have until their 28th birthday to initiate an action against your ex to collect the arrears, otherwise the balance may be wiped clean. I would highly encourage you to reach out to a family law attorney as soon as possible, so that an action can be... Read more »

1 Answer | Asked in Family Law and Military Law for Mississippi on
Q: Can i file for an annulment with my husband being in Guam with the military? We both have agreed on everything

We have nothing together, no kids or pets, and do not wish to dispute anything.

I will also be moving back to Ohio within the next week or two

Arthur Calderon
Arthur Calderon answered on May 16, 2020

Getting an annulment is tricky; however, from the looks of it, it would likely be easier for you to get a divorce, especially if he is in agreement. I would highly encourage you to reach out to a lawyer to discuss further, as the process is relatively simple and straightforward. Most lawyers on... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Mississippi on
Q: My child's father came to get our child and has not returned her in almost 2 months.

I'm unable to communicate with her father and have to go through his fiance and she barely picks up the phone. I haven't talked with my child in weeks because they never pick up the phone. I contact via Facebook messenger and barely get a message back. I've asked over and over... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

You need to get in touch with an experienced family law attorney. First and foremost, the main question that I have is whether there is a custody order already in place. If there is, that would outline all visitation matters, in which case there is a good chance that you can file a complaint... Read more »

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: How can my husband get custody of my 3 children from their mother, who has full custody?

My husband and I have had his 3 children for 6 years. Their mother has full custody of them, but she has nothing to do with them. Maybe twice a year she sees them. Sometimes, she will show up and take them out of school, only to drop them off with us after a month or two and never show back up. She... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

From the sound of it, you have a decent shot at modifying custody so that he has custody of the kids. The problem that comes into the play would be the back child support, because that continued to accrue even though the kids were living with you. I would highly encourage you to reach out to a... Read more »

1 Answer | Asked in Family Law for Mississippi on
Q: What can we do to get my granddaughter back?

My daughter lives in Mississippi and her ex is refusing to give her daughter back to her. He told her “Good luck with being able to do anything about it during this pandemic”. They were never married and both lived in petal Mississippi until recently he went to stay in Wiggins Mississippi with... Read more »

Arthur Calderon
Arthur Calderon answered on Apr 10, 2020

Your best bet will be to try and contact a legal aid organization, such as Mississippi Volunteer Lawyers Project, to see about getting a lawyer who can assist with an emergency hearing.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Mother is a nurse. She is exposed daily to the covid 19 virus. Is there anyway to try and get temporary custody

The children are at a greater risk of being exposed. Noone in my household leaves the home. The mother is not letting me have visitation due to the virus. Our contempt modification hearing was postponed because of this virus. We live in ms. Mother lives in lousiana. Court jurisdiction is ms

Arthur Calderon
Arthur Calderon answered on Apr 2, 2020

You can attempt to get temporary custody; however, if there is already a custody order in place, it will be incredibly difficult to modify that, even on a temporary basis. That being said, the easier approach would be to separate the contempt side of things from the modification side, so that you... Read more »

1 Answer | Asked in Estate Planning, Family Law, Probate and Social Security for Mississippi on
Q: I have a step sister who has my father's power of attorney and he has passed away. She is saying she is also incharge of

his estate. I have never seen his will or anything. She claims he has a lot of debt. She is wanting my social security # because she cashed his check for December the month he died. She states she needs that so they can take the funds out of the estate. Thank You Annette

Arthur Calderon
Arthur Calderon answered on Jan 12, 2020

The only way that she can legitimately be put in charge of the estate is if she already filed the paperwork with a chancery court and the court appointed her as the executrix over your father's estate.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: After 5 years of trying, I was finally awarded a child support order. I was told that the absent father was ordered to

Pay over $600 per month. However, I have only received 3 $50 payments. Why am I not receiving the amount that was ordered in the judgment? Why am I not consistently receiving payments? Should the payments come on the same day every month?

Arthur Calderon
Arthur Calderon answered on Jan 7, 2020

It sounds like you may need to consider talking to a family law attorney to file a contempt action against the father for failure to adequately pay child support, as he should be paying the full amount on a regular basis.

1 Answer | Asked in Employment Law, Family Law, Workers' Compensation and Banking for Mississippi on
Q: I got fired from a bank because I did steal but put back the money. Been trying to get in touch with a ceo and nothing

I use to work at community bank. I’m pregnant and no one would hire me. What do I do?

Arthur Calderon
Arthur Calderon answered on Jan 1, 2020

You really need to consider reaching out to a criminal defense lawyer, as there will likely be criminal charges coming down the pipeline. Depending on the circumstances, you may be able to avoid jail time and having this go on you record. Feel free to reach out to any lawyer on here by clicking the... Read more »

1 Answer | Asked in Family Law for Mississippi on
Q: Can a mother have the father's name removed from birth certificate (father voluntarily signed) 12 years later?
Arthur Calderon
Arthur Calderon answered on Nov 27, 2019

Unfortunately, you cannot, unless you can disestablish paternity, and establish that there is another person out there who is the natural father and whose name should be on the birth certificate.

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: My ex boyfriend got a divorce from me and custody of my kids now im paying him child support and dont get to see my kids

What can i do i cant afford a lawyer

Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

You will need a lawyer to sue for contempt. If you cannot afford one, then your best bet will be to try to contact a legal aid organization.

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: Child support is automatically deducted from my paycheck . The mother has full custody and will not respond in any way.

This is concerning visitation.

Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

It sounds like you will need to have an attorney file a contempt action against the mother for failure to abide by a visitation order, assuming that there is one. If there is not one, then you will need an attorney to file the necessary petition to establish visitation rights with the child.

1 Answer | Asked in Family Law, Civil Rights, Legal Malpractice and Libel & Slander for Mississippi on
Q: Is the plaintiff's attorney allowed to put hearsay & lies in a document and file it with the courts?

If it's against the law what can I do about it?

Gary Kollin
Gary Kollin answered on Aug 9, 2019

Are you serious?

Are you really asking if sn attorney can legally lie to the court?

If you believe thst is authorized, why would you consider believing anything a lawyer would write on here ?

1 Answer | Asked in Family Law for Mississippi on
Q: I didn't know of my son till he was 1, and now I have sole custody of him. How do I change his last name to mine.

I have the court ordered DNA results and custody papers.

Arthur Calderon
Arthur Calderon answered on May 6, 2019

You will need to file a petition with the court to have the it recognize you as the legal father and therefore change the last name to yours.

1 Answer | Asked in Divorce, Family Law and Child Support for Mississippi on
Q: Per Divorce Decree other parent was to pay half of private school tuition and hasn't for 8 years. Can I do anything?

He didn't pay from 2006-2014

Arthur Calderon
Arthur Calderon answered on Apr 13, 2019

Yes, you can initiate a contempt action against the other parent on behalf of the minor child.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Do I have rights to my children's records if I am a non custodial parent and custody papers state I am entitled to know?

records, is this allowed. ?

I am the non custodial parent, I went to my children's school today to request a copy of their records, attendance, report cards, enrollment form, etc. I provided ID. as well as my custody orders specifically showing where I was entitled to all records... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 25, 2019

It is sure. So long as it is allowed under the court order, and you have joint legal custody, you are entitled to all information concerning your children.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: I reside in Mississippi. My ex wants me to pay college expenses 100%.

. Am I obligated to pay for college? Can my ex make me pay?

Arthur Calderon
Arthur Calderon answered on Mar 25, 2019

It depends. Is there a custody and child support order in place? If so, what does the child support order say?

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Civil Rights for Mississippi on
Q: What are my options agianst a teacher for bullying my child an nothing being done about it

My school district has a huge problem with bullies (students an teachers). Nothing is ever done about it. Most recently a teacher made my son (10 years old) stand up an she told the class that he had a mental disorder an a bad anger issue. My son being upset sit back down an was crying. This is out... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 17, 2019

This is horrible! Feel free to reach out to any attorney on here by clicking the contact information next to their name. That being said, because you are talking about a school, there are some very strict rules that you need to following order to preserve any claim.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a preschool withhold a minor's school records to a noncustodial parent with joint legal custody Mississippi?
Arthur Calderon
Arthur Calderon answered on Feb 17, 2019

That's a negative. If you have joint legal custody, then you are entitled to know any information pertaining to your child.

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