Mississippi Family Law Questions & Answers

Q: Per Divorce Decree other parent was to pay half of private school tuition and hasn't for 8 years. Can I do anything?

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Answered on Apr 13, 2019
Arthur Calderon's answer
Yes, you can initiate a contempt action against the other parent on behalf of the minor child.

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?

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Answered on Mar 25, 2019
Arthur Calderon's answer
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.

Q: I reside in Mississippi. My ex wants me to pay college expenses 100%.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Answered on Mar 25, 2019
Arthur Calderon's answer
It depends. Is there a custody and child support order in place? If so, what does the child support order say?

Q: What are my options agianst a teacher for bullying my child an nothing being done about it

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Civil Rights for Mississippi on
Answered on Feb 17, 2019
Arthur Calderon's answer
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.

Q: Can a preschool withhold a minor's school records to a noncustodial parent with joint legal custody Mississippi?

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Answered on Feb 17, 2019
Arthur Calderon's answer
That's a negative. If you have joint legal custody, then you are entitled to know any information pertaining to your child.

Q: When seeking a modification (increase) of child support, must each parent provide an updated financial disclosure?

1 Answer | Asked in Child Support, Divorce and Family Law for Mississippi on
Answered on Jan 29, 2019
Arnab Kumar Banerjee's answer
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 :

http://www.mdhs.ms.gov/wp-content/uploads/2018/01/Child-Support-Application.pdf

Q: Is there any chance to regain custody after having my kids adopted by stepdad without my knowledge?

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Answered on Jan 26, 2019
Arthur Calderon's answer
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.

Q: A relative used my user & pw for Facebook messenger & is using private pictures against me in court. Is this illegal?

1 Answer | Asked in Family Law, Child Custody, Federal Crimes and Internet Law for Mississippi on
Answered on Nov 18, 2018
Arthur Calderon's answer
It very well could be. You should probably bring that to your attorney's attention, so that it can be excluded.

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.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Answered on Nov 8, 2018
Arthur Calderon's answer
You need to get with an attorney, and they can file a petition to terminate child support.

Q: Possible to get a modification on court ordered child support obligations while owing/currently paying back owed.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Answered on Oct 16, 2018
Arthur Calderon's answer
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.

Q: do i have any rights, custody or visitation?

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Answered on Sep 19, 2018
Arthur Calderon's answer
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 you may have the ability to sue for custody over your child, or at the very least, standard visitation.

Q: Possession of Stolen Firearm.

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Mississippi on
Answered on Sep 14, 2018
Gary Kollin's answer
File for a writ of replevin

Q: Can my ex get in troble for filing a false contempt?

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Answered on Sep 14, 2018
Arthur Calderon's answer
You could respond to the complaint, and request reimbursement of attorney fees for him filing a frivolous contempt action.

Q: Can a parent sign over custody of their minor child to a family member without going to court?

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Answered on Sep 14, 2018
Arthur Calderon's answer
Unfortunately, no. In order for any custody modification to be deemed valid, it has to be approved by order of the court.

Q: Statue of limitation in Mississippi

1 Answer | Asked in Family Law and Child Support for Mississippi on
Answered on Sep 12, 2018
Arthur Calderon's answer
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.

Q: Can i gget visitation w my 7 an 8 yr old im on hospice he moved 2 MO

1 Answer | Asked in Family Law for Mississippi on
Answered on Sep 10, 2018
Arthur Calderon's answer
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.

Q: My son is 19 years old. Is his father and I responsible for his medical bills?

1 Answer | Asked in Family Law and Child Support for Mississippi on
Answered on Aug 29, 2018
Arthur Calderon's answer
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.

Q: My parents took emergency custody of my children and now refuse to let me see or speak to them...what are my rights?

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Answered on Aug 26, 2018
Arthur Calderon's answer
This depends on large part on what the emergency custody orders say, particularly with regard to visitation. If this is a youth court matter, then the goal is reunification of the family. If, however, it is in chancery court, then you face an even harder battle. Your best bet is going to be to consult with an attorney to review the emergency custody order and to discuss your options as you move forward.

Q: Can a divorce be annulled or reversed in Ms if it has been more than 1 yr since divorce ?

1 Answer | Asked in Divorce and Family Law for Mississippi on
Answered on Aug 22, 2018
Arthur Calderon's answer
Yes, but only under a particular set of circumstances, such as where the divorce is null due to a procedural defect, or if both parties have gotten back together and wish to set aside the divorce.

Q: To fight to get visitation with grandchildren do I need a family law attorney?

1 Answer | Asked in Family Law for Mississippi on
Answered on Aug 17, 2018
Arthur Calderon's answer
The thing to remember about Mississippi is that grandparents do not necessarily have visitation rights with their grandchildren unless very particular circumstances are met. Your best bet will be to contact a family law attorney to determine whether you meet those circumstances, and then you can assess the likelihood of success should you decide to sue for visitation rights.

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