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Mississippi Family Law Questions & Answers
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 :... View 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
PREMIUM
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
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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... View More

Arthur Calderon
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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... View More

Arthur Calderon
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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... View More

Arthur Calderon
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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,... View 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... View 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
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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... View More

Arthur Calderon
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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... View More

Arthur Calderon
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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
PREMIUM
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
PREMIUM
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.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: My parents took emergency custody of my children and now refuse to let me see or speak to them...what are my rights?

My parents hired a lawyer & filed emergency custody of my children b/c one of my exes lied & said I abandoned them with him b/c he got in a fight w/my son [14] (note, he is not the bio dad, but offered for them to stay with him for a weekend til I got moved into a new place). I have had... View More

Arthur Calderon
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Arthur Calderon
answered on Aug 26, 2018

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... View More

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: Can a divorce be annulled or reversed in Ms if it has been more than 1 yr since divorce ?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 22, 2018

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.

1 Answer | Asked in Family Law for Mississippi on
Q: To fight to get visitation with grandchildren do I need a family law attorney?

Want info on visitation rights for grand parents in Miss. haven't seen my grand children in over 4 months and used to keep them every week to nothing for no reason that they have given me.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 17, 2018

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... View More

1 Answer | Asked in Family Law for Mississippi on
Q: Can you have co-guardianship with a niece and nephew?

Their parents are out of town frequently and I need rights for school, medical, etc.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 14, 2018

You must certainly can. All it takes is having the right paperwork in place naming the co-guardians.

1 Answer | Asked in Family Law and Adoption for Mississippi on
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

Our children refer to her as "strange lady". She has been on method this entire time but shows back up every 6 months to a year and swears she has found God and is doing better. She only calls every 2 to 5 months to ask to see them but my husband won't let her because of her drug... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 12, 2018

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.

1 Answer | Asked in Family Law for Mississippi on
Q: if my children live with there dad, is it ok that he leaves them with his wife for several days and nights?

I ask for more time with them constantly but I am told no. It seems like if he isn't at home with them then they should be with me. Am I wrong?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 12, 2018

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... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Mississippi on
Q: Can a Chancery Judge be sued? If so, under what circumstances (i.e. what actions by the judge COULD warrant a suit)?

(Please change to Mississippi Chancery..Sorry. The mix-up is a long story.)

Thank you.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 10, 2018

You need to ask a Mississippi Attorney. There are no chancery courts in Alabama

1 Answer | Asked in Family Law for Mississippi on
Q: My nephews mom does not have the means to care for him and wants to give guradianship to his dad and step mother

They do not have time to go through the court systems because school starts next week what are there options

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 3, 2018

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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