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Mississippi Family Law Questions & Answers
1 Answer | Asked in Family Law for Mississippi on
Q: If a presumed father is asking for a paternity test to prove he is the father. Do I have to let him see the baby?

He lives out of state I moved to Mississippi when I was 5 months pregnant. I will be visiting family near where he lives.

Also what rights does he have till paternity is proven if any?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 19, 2018

Generally speaking, unless certain circumstances are met, a parent has the right to have contact with his or her child. Your question requires more facts, like whether he is listed on the birth certificate, has held himself out to be the father, and whether you have also held him out to be the... View More

2 Answers | Asked in Civil Litigation, Construction Law, Federal Crimes and Family Law for Mississippi on
Q: what can i do about dhs and local law enforcement participating in an illegal search and seizure! And taking my child o
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 19, 2018

It depends on the facts of your case, and what reasons that DHS and law enforcement may have had for conducting the search and taking the child. Likely you will need to consult with an attorney so that they can find out more about your case and determine whether you have a viable claim.

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1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: Can my friend go down to Mississippi and file for a paternity test for his child support case without a lawyer?

My friend lives in Chicago, IL and is currently homeless. He has a job which is where he started to see money taken out of his checks for child support. Some paper was sent to his job and apparently, he has two kids in Mississippi. He knows that those are not his kids but he does remember the... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 16, 2018

There are several legal aid organizations in Mississippi can help provide either pro bono or low bono legal services to someone; however, with him being out of state, that may exclude him unless the case falls within their guidelines. Otherwise, he may not necessary need an attorney to provide a... View More

1 Answer | Asked in Adoption, Child Support and Family Law for Mississippi on
Q: My ex husband is $20,483 behind in child support and he hasn't seen his children in 5 years I would like to have his

Parental right taken away. how can I have this done? I have no contact nor do i know where he is? Thank you

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 15, 2018

It's possible to terminate parental rights; however, additional information is necessary, such as the age of the children now, whether any attempt has been made to contact him, etc. You should probably consult with an attorney to get additional information, and so that they can walk you... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can my son be seen as the father of someone elses child in Mississippi?

My son & his ex separated October 2016 and divorce was finally June 2017. She lives in Mississippi and just had a baby on February 9, 2018. She knows who the biological father is but is claiming she needs personal info from my son to remove him from the birth certificate becy they haven't... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 11, 2018

It depends. The law in Mississippi is that a child born while the parties are married is presumed to be a product of the marriage; however, given the facts, 1) there should have been a provision in the divorce decree stating that she was not pregnant, and 2) there is a question as to why his name... View More

1 Answer | Asked in Civil Litigation, Family Law, Probate and Wrongful Death for Mississippi on
Q: In a Mississippi wrongful death case is there a state law to say how the settlement is divided amongst family members?

In a wrongful death lawsuit for my brother, we have agreed on an amount and finished all things required by law. Everything will be completed on our court date in October. When we go to court will the judge or the executor decide upon the division?

Or is there a state law that requires the... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 11, 2018

In Mississippi, certain people may get first priority in terms of a settlement or award, depending on the facts of your case.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can my step son’s mother take him from us?

My step son is 6 years old. He came to live with us about 7 months ago when his mother started using drugs, sold her only means of transportation, and began floating from place to place. She has been back and forth between two men’s houses. One when she is using and the other when she wants to... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 11, 2018

It depends. There are a few questions that would need to be answered first. Was there ever a child support order put into place? If so, and depending on the court, there may be a blanket custody arrangement already established, which your husband may or may not know about (particularly if it was... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: How can a man get a paternity if he thinks he IS the father but the mother refuses and says he is not?

My son and his girlfriend broke up while she was pregnant after learning she had cheated. He continued to go to dr appointments and even had the gender reveal party with her. At around 5 months she says it’s not his and that she had a test. No test was shown to us and now the baby is born and the... View More

Baskin Lowber Jones
Baskin Lowber Jones
answered on Jan 8, 2018

A chancery court judge can order a paternity test after a petition to determine paternity.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: If the father is not on birth certificate and has been absent from child's entire life does he have rights?

He has been absent due to federal incarceration since before the child was born. He is not on birth certificate, doesn't give support, but did take a paternity test.

Does he have any legal rights to my child?

Baskin Lowber Jones
Baskin Lowber Jones
answered on Dec 14, 2017

The father will have rights until his paternity is terminated in a procedure called a termination of parental rights. There is a statute in Mississippi establishing when this sort of termination may occur.

1 Answer | Asked in Family Law and Divorce for Mississippi on
Q: My ex is allowing his new girlfriend to spend the weekend at his home with our children there. Is this legal?

We live in Mississippi. Our children are 14 and 17. Girl and boy. The divorce has been final for approx 2 months.

Baskin Lowber Jones
Baskin Lowber Jones
answered on Dec 14, 2017

Does your divorce agreement include something that says you agree this shouldn't happen?

If you believe that your children are in immediate danger there may be a remedy in the form of emergency action by the court.

2 Answers | Asked in Civil Litigation, Contracts, Family Law and Small Claims for Mississippi on
Q: Is a verbal agreement binding if specifics are not read into the record?

Both attorneys for each party verbally agreed to specifics in my custody modification, but when my attorney read it into the record she left out many details stating they would be in the paperwork. A month later those details were not included, my attorney made the corrections when I insisted I... View More

Stephanie E. Emanuel
Stephanie E. Emanuel
answered on Dec 10, 2017

Typical litigation case. You should consult with your lawyer to see what he wants to do. If you want a second opinion on a case or change your lawyers to better manage your case than don't hesitate to reach out for a free consultation with an attorney.

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1 Answer | Asked in Family Law and Juvenile Law for Mississippi on
Q: Can i get married and leave at 18

Can i get married at 18 in a different state and move out of my parents house in Ms with out them being able to do anything

Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 11, 2017

Marriage is one grounds for the Mississippi Emancipation of a Minor.

1 Answer | Asked in Family Law and Criminal Law for Mississippi on
Q: If a case worker gets medical records from someone and the worker loses the records, is this criminal?

I'm a veteran which means he had signed for them which there's a paper trail.

Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 11, 2017

There is likely a claim for a HIPPA violation in this situation.

1 Answer | Asked in Family Law and Juvenile Law for Mississippi on
Q: My boyfriend got arrested and took to the Juvenile Detention Center do i have the right to know what's going on?
Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 4, 2017

There is a certain amount of information available online for the facilities which should include the charges they have him on and his hearing date.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My ex let me take my kids from Mississippi to where I live in Oklahoma can she legally make me bring them back ?

There are no standing court order or anything in place at this time .

Ray Choudhry
Ray Choudhry
answered on Jun 27, 2017

If there are no prior orders, then you should file.

1 Answer | Asked in Family Law for Mississippi on
Q: If my child's father is incarcerated at the time of my child's birth can I still give the baby his last name?
Brian Lehman
Brian Lehman
answered on Mar 4, 2017

Yes. The father does not have to sign birth certificate, and you can put his name on it no matter where he is.

www.lehmanlawgroup.com

1 Answer | Asked in Family Law and Health Care Law for Mississippi on
Q: Are there any other options on emergency commitment without going through the chancery court? Need help now

Have exhausted all options and need to committ now rather than wait on court proceedings

Brian Lehman
Brian Lehman
answered on Feb 9, 2017

I don't see any other options, but consider contacting a local lawyer. Involuntary commitments required an Order of Commitment signed by judge and Patient Information Form.

This law firms says: http://kellumlawfirmpc.com/tag/involuntary-commitment-drug-addition-rehabilitation/...
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1 Answer | Asked in Family Law and Wrongful Death for Mississippi on
Q: I wanna file a wrongful death suit for my mother's death how many years do I have its been a while ago
Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2017

Assuming it's Mississippi it's 3 years I believe. Why not contact a member of the Miss. Assn for Justice--they give free consults.

1 Answer | Asked in Personal Injury, Libel & Slander and Family Law for Mississippi on
Q: Is it possible to sue your ex husband & his wife for damages due to extreme "parents alienation syndrome"?

I've had 22 surgeries & leg amputation since my ex took my kids. I recently received an email from my daughter & everything that she's been told have all been fabricated by her dad & his family. They are outrageousl! This has caused severe clinical depression & PTSD.... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 2, 2017

I don't see it but why not ask your divorce attorney?

1 Answer | Asked in Family Law, Child Custody, Child Support and Uncategorized for Mississippi on
Q: I've been in a relationship with my kids dad for 14 years, we just recently found out he is still married? What are my

What are my options since we've been together 14 years?

We never married. LOUISIANA does not recognize common law marriage

Paul Stanko
Paul Stanko
answered on Oct 1, 2016

Well, the good news is your kid's dad is not a bigamist. If he does get divorced, then he will be free to marry you. You can choose to continue your affair with him or not; you can also seek child support from him if you do split.

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