Mississippi Child Custody Legal Questions

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44 legal questions have been posted about child custody by real users in Mississippi. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Mississippi Child Custody Questions & Legal Answers
Do you have any Mississippi Child Custody questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 44 previously answered Mississippi Child Custody questions.

Recent Legal Answers

What should we do?

Answered 8 years and 2 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
As much as I encourage parents to work together and maintain a healthy relationship with the kids, I don’t think it would be best to leave the child with him completely. He can have supervised visitation. Also no it’s not illegal to have your husband on the birth certificate as hospitals most times goes by the marriage certificate and assume the father of the child is the present man at the time of child birth. You did the right thing to ask him to take you to court if he wants to see the child. However I doubt he getting the best lawyer to fight for custody even than you can use his criminal background and drug history to contest that he should only get supervised visitation. His lawyer might petition the court for DNA and stuff and to change the birth certificate. So don’t be surprised when that comes about. Doing that will ensure he utilizes his rights. The decision to go to court is good but expensive.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in MS. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in MS.... Read More
As much as I encourage parents to work together and maintain a healthy relationship with the kids, I don’t think it would be best to leave the... Read More

What are the steps that I need to take to get my child back and how?

Answered 12 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Check with your lawyer or the clerk of court to find out exactly what orders are in effect as to the placement and custody of your daughter. If the order grants custody to your mother, then file a motion to change custody back to yourself. A good lawyer can be a tremendous help. Good Luck.... Read More
Check with your lawyer or the clerk of court to find out exactly what orders are in effect as to the placement and custody of your daughter. If the... Read More

Can my fiancรฉโ€™s ex-girlfriend force him to take a paternity test?

Answered 12 years and 9 months ago by John P. Rivers (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Child Custody
He can be required to submit to a paternity test. If he is not the father, what is his concern? Maybe it is time for you to evaluate the situation.
He can be required to submit to a paternity test. If he is not the father, what is his concern? Maybe it is time for you to evaluate the situation.

Who gets to make a final decision if there is joint custody?

Answered 12 years and 9 months ago by Timothy Kevin Byrne (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Who has custody during that week? Is the camp school or church related? What are the reasons for interfering with the activity.
Who has custody during that week? Is the camp school or church related? What are the reasons for interfering with the activity.

How to protect the children?

Answered 12 years and 9 months ago by Bernard C Jones, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
There are some ways to help in the situation you described but we really need a little more information.
There are some ways to help in the situation you described but we really need a little more information.

Since he falls under the grounds of which he does not have the right to object, do I still need to summons him to court/notify him of the adoption?

Answered 12 years and 9 months ago by Francis Starr Springer (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Parenting is a right secured by the US Constitution. It cannot be taken without due process. Due process requires notice to the father.
Parenting is a right secured by the US Constitution. It cannot be taken without due process. Due process requires notice to the father.

Do I have to pay child support while on maternity leave?

Answered 12 years and 10 months ago by Mary Elizabeth Milek (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Yes.
Yes.

I have primary physical custody and joint legal custody; do I need permission each time I move?

Answered 12 years and 10 months ago by Melvin G. Franke (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Child Custody
Yes, if this is a Missouri case, you could lose custody.
Yes, if this is a Missouri case, you could lose custody.

If I wave MII rights, will I still be required to pay child support?

Answered 12 years and 10 months ago by Lynda H. LeBlanc (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
Yes.
Yes.

How can we switch child custody?

Answered 12 years and 10 months ago by Francis Starr Springer (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The custody order will remain in effect until changed by the court. If you want to change custody, you need to have the court change the order. You should consult directly with a lawyer before making this move.
The custody order will remain in effect until changed by the court. If you want to change custody, you need to have the court change the order. You... Read More

Can my ex-husband have his visitation time reduced for no valid reason?

Answered 12 years and 10 months ago by Leonard A. Kaanta (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Child Custody
No.
No.
The process is not extremely difficult. Expenses will depend on several factors including where you are and which attorney you choose to represent you.
The process is not extremely difficult. Expenses will depend on several factors including where you are and which attorney you choose to represent... Read More

Can I get custody of my cousin's son?

Answered 13 years and a month ago by Rebecca A Rainwater (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Child Custody
You may be able to petition for guardianship. If both parents agree the process is pretty straight forward. If they do not both agree the contesting parent will have to appear to tell judge why. The judge will place the child with a guardian if you can show why it is in the child's best interest.... Read More
You may be able to petition for guardianship. If both parents agree the process is pretty straight forward. If they do not both agree the contesting... Read More

How likely is a 14 year old's election to choose a joint physical custody arrangement to be accepted by the judge?

Answered 13 years and a month ago by Anne Barbara Howard (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Child Custody
The judge has to consider the child's wishes but does not have to follow them. The best interest of the child is the governing rule.
The judge has to consider the child's wishes but does not have to follow them. The best interest of the child is the governing rule.

How likely is a 14 year old's election to choose a joint physical custody arrangement to be accepted by the judge?

Answered 13 years and a month ago by Rebecca A Rainwater (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Child Custody
The judge has the discretion to determine custody arrangements if the parents cannot agree. If you and your spouse agree then you can stipulate and agree and that issue will be settled without the court hearing the issue.
The judge has the discretion to determine custody arrangements if the parents cannot agree. If you and your spouse agree then you can stipulate and... Read More

How likely is a 14 year old's election to choose a joint physical custody arrangement to be accepted by the judge?

Answered 13 years and a month ago by Kathleen Delacy (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Child Custody
A judge will normally give weight to what a child 14 wants.
A judge will normally give weight to what a child 14 wants.

How do I put a father up for child support if he went to Mexico or either get him to give up his rights as a father?

Answered 13 years and 2 months ago by William Matthew Thompson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Contact DHS child support services.
Contact DHS child support services.

If I am paying child support can I fight for custody of my daughter?

Answered 13 years and 2 months ago by Annette M Cox Sandoval (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
You can consider filing a petition to modify custody and parenting time, if there has been a substantial and continuing change in circumstance that materially affects the well-being of your daughter. For example, if you have been released from prison, then you could seek to renew a relationship with your daughter. Depending upon her age and possible preferences, the court may require that you and she go to counseling together first and gradually begin an introduction to contact and visitation. If you have additional questions, it would be good to consult a lawyer.... Read More
You can consider filing a petition to modify custody and parenting time, if there has been a substantial and continuing change in circumstance that... Read More

How can I appeal to child custody?

Answered 13 years and 2 months ago by William Matthew Thompson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You may either file a Motion for New Trial and/or file an Appeal with the MS Supreme Court. Both have critical deadlines in which to file. 10 days from the date of the Final Judgment for the New Trial Motion and 30 days for the Appeal.
You may either file a Motion for New Trial and/or file an Appeal with the MS Supreme Court. Both have critical deadlines in which to file. 10 days... Read More
6 months
6 months

I have guardianship of my granddaughter, her father has not visited her in some time, how long before the law will consider this abandonment?

Answered 13 years and 6 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Child Custody
Abandonment is only relevant if the mother of the child had custody and wanted her husband to adopt the child.
Abandonment is only relevant if the mother of the child had custody and wanted her husband to adopt the child.

I have guardianship of my granddaughter, her father has not visited her in some time, how long before the law will consider this abandonment?

Answered 13 years and 6 months ago by Helene Ellenbogen (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Child Custody
Unless you take some legal action to remove his visits or his rights (if you are trying to adopt the child) the court will do nothing.
Unless you take some legal action to remove his visits or his rights (if you are trying to adopt the child) the court will do nothing.

What custody right do I have if I am not the biological father but am on the birth certificate?

Answered 13 years and 7 months ago by Suzanne H. Lombardi (Unclaimed Profile)   |   16 Answers   |  Legal Topics: Child Custody
In Alaska the mother of the child and the stepfather can file a lawsuit and prove that you are not the biological father of the child. If you are out of the country and have not contributed to the child's support you may have a difficult argument for remaining the father of the child. An attorney can advise you on the best procedure to take once they have filed suit. In the meantime if you want to remain the child's "father" it would be advisable to show that you have supported the child. Without knowing the age of the child and any details on if you spent any time raising the child it is difficult to answer your question any further. Again, an attorney would assist you in your questions about paternity.... Read More
In Alaska the mother of the child and the stepfather can file a lawsuit and prove that you are not the biological father of the child. If you... Read More

How do I obtain custody of my neices and nephews in Mississippi?

Answered 13 years and 7 months ago by Timothy Kevin Byrne (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
File a guardianship or custody case in the county the children reside. You should hire an attorney for this process.
File a guardianship or custody case in the county the children reside. You should hire an attorney for this process.