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Mississippi Family Law Questions & Answers
1 Answer | Asked in Family Law for Mississippi on
Q: How can I get my husband out of jail for child support can we pay percentage or file for house arrest just need to know

Need to know my options

Francis Springer
Francis Springer
answered on Jan 27, 2016

Most likely your husband is held on a Contempt of Court order by the Chancery Judge. Most Chancery Judges are reasonable about these issues. Your husband would best be served by having a lawyer represent him and get him back before the Judge to work something out.

This is not legal advice....
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1 Answer | Asked in Family Law for Mississippi on
Q: I'm in a custody battle and my child's father keeps smoking around my baby. 2 hospitalization 4 time sick in 1 Mon.

2 times hospitalization the doctor said its from smoke and 4 times sick in one month.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 10, 2015

It might be pertinent. If the judge smokes, I would consider asking that he or she be disqualified from deciding your case.

1 Answer | Asked in Family Law for Mississippi on
Q: my mom is trying to take my kids for trying to get back with my daughters father not biological but he on her birth

certificate she says he is unfit but dhs told us we wasnt and i have a disability so they say and she uses my doctors she said they will help her prove im unfit but im capable of work and righting out bills all that she took my phone and my computer told me i cant leave or take my kids stuff or my... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2015

This is a mess. You need to get an attorney on your side.

1 Answer | Asked in Family Law for Mississippi on
Q: How do i get a paternity test if the mother moved out of state just before having the baby?

My ex girlfriend claims I'm the father but moved to Nevada a month before the baby was due. She gave the baby her last name but now wants to change it on the birth cert to my last name. How do I go about finding out if its mine before agreeing? I live in MS and her, in Nevada.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2015

Have a full discussion with an attorney in MS and another one in NV.

1 Answer | Asked in Family Law for Mississippi on
Q: How to get x in court for contempt of court for not let me have visitation in over 2 years I live in pearl river ms

Asked the court clerk she said I have to have a lawer why cant I defend myself

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

You have to hire an attorney, just as the clerk told you.

1 Answer | Asked in Family Law for Mississippi on
Q: If i pay child support do i already have visitation rights
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2015

No. Visitation rights are not automatic; you need the court to enter an order providing for visitation.

1 Answer | Asked in Family Law for Mississippi on
Q: I have took care of my boys for last seven years without any help from father since we split he has child support warant

I hot arrested for old warrant which was due to him and they were false to i was incarcerated for three days and boys was in my familys care while I was in jail he got temporary custody of boys under false aligations and lied about where they lived in order to use county he lived in what do I need... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 7, 2015

Hire a family attorney where the case is pending.

1 Answer | Asked in Family Law for Mississippi on
Q: I need to add the surname to my childs birth certificate. Where do i do this and what all do i have to do? thanks!!!
Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Mar 18, 2014

Such a change would probably require a Mississippi Chancery Court order requiring the Miss. Department of Vital Records to change a Mississippi birth certificate. To make corrections or to make changes to a birth or death record, contact the Miss. Department of Vital Records Corrections Department... View More

1 Answer | Asked in Family Law for Mississippi on
Q: Can i sign my rights over on a child n mississippi

Can i sign my rights over on a child in mississippi if another man is on the birth certificate

Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Mar 18, 2014

The court should approve termination of your parental rights if it is in the best interest of the child.

1 Answer | Asked in Family Law for Mississippi on
Q: Is there a right to appointed counsel for poor persons in Mississippi family court?
Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Sep 16, 2013

In Lassiter, the Supreme Court found that the parent was not entitled to the appointment of counsel because the case did not involve 1) " allegations of neglect or abuse upon which criminal charges could be based; " 2) expert witness testimony; or 3) " specially troublesome points of... View More

1 Answer | Asked in Family Law for Mississippi on
Q: My child father hasnt been in her life nor do he want to so how can terminate his parental rights?
Amanda Lingold Spencer
Amanda Lingold Spencer
answered on Apr 20, 2013

To terminate his parental rights you would have to file a petition with the Chancery Court where you live. If there is an adoption to take place, he can voluntarily terminate his rights. You need to speak with an attorney and discuss your options.

1 Answer | Asked in Family Law for Mississippi on
Q: My boyf has to pay child and if he doesnt he is in contempt of court. he wants to move what does he have to do
Amanda Lingold Spencer
Amanda Lingold Spencer
answered on Apr 20, 2013

Where your boyfriend lives does not affect his child support responsibility. He will still be responsible for child support no matter where he lives. If his moving wll affect him exercising visitation then he will need to seek a modification.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My husband received a court summons(in MS) for failure to pay child support to his ex in VT. Will he go to jail?

He explained this to judge in March and had papers from VT stating there is no case against him; judge didn't look at them. Now he has to go back to court because MS says he hasn't paid $. Could he end up going to jail? He is a full time student and unemployed, I am in the military and... View More

Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Jun 7, 2011

Jail is an option of last resort. If your husband believes he has been treated unfairly by the court, he can appeal the court's decision.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: If paternity is established at the age of 18 how much back support can be requested? Father did not know he was the dad.

Papers were filed 7 days before the 18th bday of child and papers were received on the day after the 18th bday. Does this fall into the statute of limitaitions? Father being sued is not on the birth certificate (someone else is) and father was told he was not the father at the birth of child.... View More

Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Jun 7, 2011

The child can sue for up to one year of past support needs. There is not a statute of limitation for paternity except as to suing to participate in the distribution of a deceased parent's estate.

1 Answer | Asked in Family Law for Mississippi on
Q: How long will my son stay in jail for child support tupelo ms.?
Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Jun 7, 2011

Until he satisfies the judge that he has caught up his child support payments, he otherwise convinces the court that he should be released, or an appellate court orders his release. If he does not have the capacity to pay and is otherwise not in contempt of court, it may be possible to have him... View More

1 Answer | Asked in Family Law for Mississippi on
Q: How do i go about getting my visitation with my daughter? i live in Washington and she lives in mississippu
Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Jun 7, 2011

You will need to seek a declaration of visitation rights in the Chancery Court in the county where the child resides.

1 Answer | Asked in Family Law for Mississippi on
Q: I have 2 boys 12, 14 they stay with there father during school now they want to move back in withme dad is on hard drugs

And he does them around the boys he is very abusive to my 12 he has people in and out saling drugs around my boys people in and day and night my 12 found him in the floor with a surengy in his arm they do not want to be there anymore.please help me please

Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Jun 7, 2011

Contact Child Protective Services in the Department of Human Services to have the children removed. Then sue for a change of custody having the boys testify about their desires and the drugs.

1 Answer | Asked in Family Law for Mississippi on
Q: My son and the mother of his child were never married. She has the baby all the time and refuses to let him see his son.

He has only been able to see him when it was to her advantage. how does he get visitation rights?

Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Jun 7, 2011

He can sue for a declaration of paternity and/or visitation and child support in the county where the child resides. If his name is on the birth certificate, he need sue only for visitation and a declaration of child support.

1 Answer | Asked in Family Law for Mississippi on
Q: In a joint custody case where father has majority & most time w/child & mother lives in another state then father dies?

Can mother just go get her child?

Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Jun 7, 2011

Yes, if whoever has the child is cooperative. Otherwise, you will need to obtain a writ of habeas corpus from the court so law enforcement will assist you by taking the child from whomever.

2 Answers | Asked in Family Law for Mississippi on
Q: My ex was ordered to pay $110/mth in child support. my son is now 8 years old & his father owes over 10,000. what to do?
Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Jun 7, 2011

The father can be forced to pay by a court. The Child Enforcement Division of the Department of Human Services has an obligation to pursue child support arrearages. Alternatively, you can hire an attorney to petition the Chancery Court to force the father to pay.

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