Mississippi Family Law Questions & Answers

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.

Q: Can you have co-guardianship with a niece and nephew?

1 Answer | Asked in Family Law for Mississippi on
Answered on Aug 14, 2018
Arthur Calderon's answer
You must certainly can. All it takes is having the right paperwork in place naming the co-guardians.

Q: My husband's ex has been out of our children's lives for 3 years. She calls every 2 to 3 months and I want to adopt

1 Answer | Asked in Family Law and Adoption for Mississippi on
Answered on Aug 12, 2018
Arthur Calderon's answer
You need to get with an attorney, as you will have to go through the process of terminating her parental rights before you can go through the adoption process.

Q: if my children live with there dad, is it ok that he leaves them with his wife for several days and nights?

1 Answer | Asked in Family Law for Mississippi on
Answered on Aug 12, 2018
Arthur Calderon's answer
Unfortunately, it doesn't work that way. The visitation order sets the bare-minimum that a non-custodial parent may see his or her children when not under the normal custody of the other parent, unless other (and very particular) circumstances are met which would justify changing custody and/or visitation.

Q: Can a Chancery Judge be sued? If so, under what circumstances (i.e. what actions by the judge COULD warrant a suit)?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Mississippi on
Answered on Aug 10, 2018
Mr. James Parrish Coleman's answer
You need to ask a Mississippi Attorney. There are no chancery courts in Alabama

Q: My nephews mom does not have the means to care for him and wants to give guradianship to his dad and step mother

1 Answer | Asked in Family Law for Mississippi on
Answered on Aug 3, 2018
Arthur Calderon's answer
They will need to either establish guardianship or a modification of custody, giving the son to the father. Even though school begins next week, it can be done through the court system in that time frame.

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