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Mississippi Family Law Questions & Answers
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 pertaining... 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.

1 Answer | Asked in Child Support, Divorce and Family Law for Mississippi on
Q: When seeking a modification (increase) of child support, must each parent provide an updated financial disclosure?

And is the financial status or assets of a step-parent relevant in modifications?

Arnab Kumar Banerjee
Arnab Kumar Banerjee answered on Jan 29, 2019

i dont think you have to provide financial status because in the application form of child support by Mississippi department of human service, i did not find any such financial status information. they ask for your social security number. follow this link to see :... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: Is there any chance to regain custody after having my kids adopted by stepdad without my knowledge?

My rights were involuntarily terminated due to "abandonment". I wasn't properly notified, although they have my address and the mother lied and said she didn't know where I was. I have not seen my children in 7 years but she did ask over the years if I wanted to visit. I just didn't

Arthur Calderon
Arthur Calderon answered on Jan 26, 2019

It is possible, but it will be an uphill battle, because you will have to move to set aside the judgment. Your best bet is going to be to get with an attorney to further discuss.

1 Answer | Asked in Family Law, Child Custody, Federal Crimes and Internet Law for Mississippi on
Q: A relative used my user & pw for Facebook messenger & is using private pictures against me in court. Is this illegal?
Arthur Calderon
Arthur Calderon answered on Nov 18, 2018

It very well could be. You should probably bring that to your attorney's attention, so that it can be excluded.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: I've had full custody of my two kids for 7 months and im still getting child suppport taken from my check every week.

Dhs said that I had to have a court order to stop child support order. When i got the court order and submitted it to Dhs and they tell me that the court order did not specifically say to stop the support order. I feel like this is insane because the court order i submitted to dhs says " that all... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 8, 2018

You need to get with an attorney, and they can file a petition to terminate child support.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: Possible to get a modification on court ordered child support obligations while owing/currently paying back owed.

21 year old moved out over a year ago, graduated high school. She just enrolled in college 2 months ago. Twins: 18 years old. Both graduated. One lives at custodial mother's home, the other moved in as a roommate with a friend. Neither of the twins are enrolled in college courses. The custodial... Read more »

Arthur Calderon
Arthur Calderon answered on Oct 16, 2018

You should get with a family law attorney to seek a modification of his CS since one child is 21, and based on any change of his income.

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: do i have any rights, custody or visitation?

we are not married. I was there the whole nine months, in the delivery room, signed all the paperwork, paternity was established. the baby has my last name and my adresss. she is on her mothers insureance. i have been paying and buying everything since the first trimester. the mother left when the... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 19, 2018

You need to get with an attorney ASAP. As a father, you have certain rights that it looks like she is trying to limit. I'd be curious to see what sort of papers that she showed you, as well as whether they were signed by a judge. That being said, if custody or visitation was never established, then... Read more »

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Mississippi on
Q: Possession of Stolen Firearm.

My mother’s court appointed Guardian is refusing to allow me into mother’s house in Corinth in order to retrieve my rifle I left there by mistake. She claims it’s her (guardians) house and if I attempt to retrieve my rifle she’ll have me charged with criminal trespass. Can my weapon be... Read more »

Gary Kollin
Gary Kollin answered on Sep 14, 2018

File for a writ of replevin

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: Can my ex get in troble for filing a false contempt?

I live in Mississippi. I have a 3 year old with my ex husband. I got married to my mew husband on June 22 2018. My ex filed for contempt of court on August 14 2018 that i am cohabitating with a live in boyfriend (my husband). Also on the contemp of court papers he put my now married name on them.

Arthur Calderon
Arthur Calderon answered on Sep 14, 2018

You could respond to the complaint, and request reimbursement of attorney fees for him filing a frivolous contempt action.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Can a parent sign over custody of their minor child to a family member without going to court?

My brother is 10, I’m 30, my biological mother is raising him. It has come to my attention she is no longer fit to care for him! She has a long history of drug use, in fact she has lost all 3 of her older children due to drug use and went to jail for manufacturing meth when my brother was 18... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 14, 2018

Unfortunately, no. In order for any custody modification to be deemed valid, it has to be approved by order of the court.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: Statue of limitation in Mississippi

My children's father is behind $73,000 in child support. In 2003 I opened a case with DHS, but because he worked under the table they never collected any money from him.

I have recently learn he now own the business. The probably is my children are now 26 and 23.

Can I collect... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 12, 2018

If there is a child support order in MS, then your children have until their 28th birthdays to initiate suit, otherwise he won't have to pay. They need to get with an attorney ASAP, otherwise they may waive their ability to collect.

1 Answer | Asked in Family Law for Mississippi on
Q: Can i gget visitation w my 7 an 8 yr old im on hospice he moved 2 MO

Im their mother we are still married can u help?

Arthur Calderon
Arthur Calderon answered on Sep 10, 2018

If you are still married, then you have a right to see your children; however, unless there is a temporary order put in place pending a divorce, it is incredibly tricky to enforce some sort of visitation.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My son is 19 years old. Is his father and I responsible for his medical bills?
Arthur Calderon
Arthur Calderon answered on Aug 29, 2018

Typically, yes, as he is still considered a minor until he turns 21. That being said, if it was a voluntary medical expense that was memorialized through contract (like counseling), then that may change it to where he would be responsible, because the age of being able to contract is 18.

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