Mississippi Child Custody Legal Questions

In Mississippi, the only thing that cures payment of unpaid child support that has already accrued is to pay it. If he is $10k behind on his child support payments he is lucky that the AG isn't after him for criminal conviction. You can file a petition for contempt of court for unpaid child support and when he gets to court he can try to work out some kind of arrangements to get his child support and the arrears paid. The longer he refuses to pay, the more the debt will increase.... Read More

At most you should try to get a temporary hearing set up to discuss the custody of the child. The Court can order temporary custody until the final order is entered. What the Court cannot do is order your wife to return to the state. She has a right under the U.S. Constitution to travel freely and the Court can't infringe upon her right without having a compelling reason to do so. Her taking your son to live with her out of state is not going to be a compelling reason for the Court to infringe upon her Constitutional right to free travel and to live where she wants to. If the Court grants you temporary custody and gives her visitation rights, then at least she will have to return the child to you whenever her visitation rights ended, and you would have custody pending the findings the Court makes upon entry of the final order.... Read More

Generally, if the spouse's name is on the warranty deed, the spouse would have the right to live there. The deed of trust involves the mortgage and the spouse may or may not be listed on it. Again, there may be other factors involved and you would do well to contact a lawyer directly for more information.... Read More

In the State of Mississippi as long as you are still Married and no other restraining order has been issued both of you have equal rights to your property whether it is realty (land or house) or personal. If you wish to separate it is in your best interest to get a temporary maintenance order from the Court that spells out each one of your rights as to marital property and finances. Although not recommended there exists no law requiring either party to move from their residence. However, you can not sustain a divorce action if you are still living as husband and wife.... Read More

You do not need to hire an attorney at this point nor do you need any blessing from a Judge. Your ex can take you to Court if he desires, but he can do that any time he wants alleging a material change of circumstances has occurred. If he does take you to court, the move in itself is not a material change in circumstances adverse to the best interest of the child, but there are other things to consider. If moving for economic reasons (better job) or better support network (family to help with your child), then his position becomes very weak, particularly if you receive little or no support from him. A move that does not improve your current situation could prove dangerous territory. Also, he might want to address the visitation schedule granting him longer periods of visitation with the child if the current schedule will no longer work due the distance between the two of you. Most judges would prefer that you both meet with the child somewhere in the middle; however, some are of the opinion that since you are moving away, you should pay all of the transportation expense. I think the best way to proceed would be to speak to your ex about this in advance of the move. A little time to let it sink in could help. Also, I advise being as generous as you can An abrupt move could make him very angry and want to take you to Court. If he indicates to you he is fine with the move, it would be helpful if that were sent in an email or text or some other manor you can prove. Even if he said it verbally with a room full of witnesses, that is hearsay and would not be allowed in Court. After you move, make sure you comply with Chancery Rule 8.06 by notifying your ex in writing at his address and the Clerk of the Court which has entered the order providing for custody and visitation, of your new address and phone number.... Read More

Is the child custody order out of Mississippi or Kentucky. That question is important. If it was Mississippi then that will be the correct forum. If Kentucky issued the custody order then the process starts there. However, the state where the children reside may ultimately be the proper forum to decide the change of custody under the uniform jurisdiction and child custody compact between states.... Read More