Maternal Grandmother has custody.
answered on Apr 17, 2023
Visitation and child support are separate issues. The lack of visitation does not mean no child support is owed. Conversely, withholding of visitation does not relieve the parent of the obligation to pay support. If the parental rights of the parent are terminated by court order, the obligation to... Read more »
My daughter's dad hasn't paid child support and he's not on any court order to pay any. I just want to know my options
answered on Mar 22, 2023
Paternity would need to be established before filing against him for child support. Once the Court determines he is the biological father, child support may be awarded based on a certain percentage of the father's adjusted gross income. The percentage will depend on how many children are involved.
I took a drug test and that was the only thing in my system and I go to a doctor who legally prescribes the suboxone to me
answered on Dec 5, 2022
If the Judge finds that you are not taking the medication as prescribed, he/she can deny custody or restrict visitation. If you are monitored by a physician, take the medication as prescribed, have had no relapses in your original addiction, and have not had any adverse incidents, you will probably... Read more »
Will cps stop the reunification plan and child will be adopted? Will they give mother another chance to prove that she can stay clean?
answered on Oct 28, 2022
Normally, it takes more than one failed drug screen. However, the mother must follow and complete her service plan, remain sober, and meet all of the requirements.
answered on Oct 26, 2022
A lawyer will draft a petition for the guardianship, which will need to be signed by you and your husband. Additionally, the child’s parents will either sign the Petition or a waiver. An Agreed Judgnent allowing the guardianship will be signed and then presented to the Judge for his/her... Read more »
His original payment was based on unemployment income years ago. He makes significantly more money the last few years and DHS said o
It was supposed to increase three years ago when I asked for a review and they sent him letters but never followed through. He has three storage buildings... Read more »
answered on Oct 21, 2022
A couple of things is going on here.
1. If your son is 18, what is he doing as far as school, employment, living arrangements, etc. he may or may not be emancipated.
2. If he is not emancipated, you should hire a private attorney and file for an increase in support. DHS usually... Read more »
Th child is living with her grandmother and on her hud housing she wants to go with dad mom doesn’t want her to go since it will ruin the benefits they get for her
answered on Oct 11, 2022
It depends who has physical custody of the daughter by court order. If Dad does, then, yes, he can take her. If Mom or Grandmother do, then no. If there is no court order, then the question is open; however, this will necessitate filing an action in court to settle the issue.
I, Dad, have joint legal custody, whereas 'Mom' has paramount physical, custody, and care. In the order, I was granted permission to change one of our daughters' names (Child S) as the other already had my last name (Child F). Child S is enrolled in school as SR instead of SH. She... Read more »
answered on Oct 3, 2022
You certainly recognize the problem, and the fact that a lawyer could help. You can order a birth certificate at the clerk's office in the county where she was born if it is in Florida. In other situations, contact the Bureau of Vital Statistics for the state of birth.
Once you have... Read more »
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 »
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 »
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 »
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 »
I’m asking information about TYPE 1 in MS code 93-63-3. (grandparents visitation) I am aware there is a TYPE 2.
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.
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- 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 »
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 »
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
What should I say in court? Should we both get a lawyer? Will this go on our record?
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 »
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 »
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 »
The man was physically and mentally abusive. Will the woman win full custody for this reason no matter what.
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 »
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?
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.
answered on May 18, 2023
No. A termination of parental rights is final and forever.
She had no Will.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2023
Hire a MS attorney to search the title and determine ownership.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
