Get free answers to your Child Custody legal questions from lawyers in your area.
Grandparents being given misinformation after showing interest in fostering twin grandchildren who were addicted to cocaine at birth. CPS created repeated delays in court sessions on transferring infant children to grandparents custody. CPS requested that grandparents not get foster license because... View More 
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answered on Mar 8, 2024
I'm so sorry to hear about the difficulties and frustrations your family has been going through trying to gain custody of your grandchildren. The delays and misinformation from CPS sound extremely stressful and concerning.
To answer your question directly - yes, there are absolutely... View More
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answered on Feb 24, 2024
After a protective order expires, whether you regain full parental rights depends on the specific circumstances and conditions of the order. In some cases, the expiration of a protective order may automatically restore your parental rights to their previous status. However, if there were underlying... View More
My ex has a more experienced lawyer than I can afford and she brought into the hearing a public intoxication charge. We are granted joint custody with a breathalyzer during my weeks . I’m fine with it and doing great but I’m terrified in mediation or trial he will attempt to keep this order... View More
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answered on Feb 1, 2024
In Mississippi, the conditions set forth in a temporary hearing, such as alcohol monitoring, can be subject to modification in the final decree. If all alcohol tests during the temporary period are consistently passed and there are no further concerns about alcohol abuse, it's possible to... View More
If I go get my son back from Pennsylvania where my wife has taken him can I be charged with kidnapping or any other crime from the Pennsylvania side the childs home state is Mississippi also assume there was no physical confrontation between me and my wife I go to Pennsylvania I get my son and I... View More
answered on Nov 26, 2023
I am not aware of all of the facts, and since I am not your attorney, I hesitate to give you advice on that question. I will say, hypothetically, that if there is no court order, I don't see how you could be charged with kidnapping. Again, I don't know all of the facts, and I am not your... View More
Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses... View More
answered on Nov 24, 2023
You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could... View More
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answered on Nov 14, 2023
No, CPS (Child Protective Services) cannot terminate a parent's rights for no reason. CPS can only terminate a parent's rights if there is evidence that the parent has abused or neglected the child. Abuse includes physical, sexual, or emotional abuse. Neglect includes failing to provide... View More
I have had custody of my children for six months and have submitted school records and obtained insurance for them. Despite my attempts to update my circumstances with the child support agency, they continue to deduct child support from my paycheck and report it as unpaid, negatively impacting my... View More
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answered on Apr 13, 2025
To stop the child support deductions in Mississippi after gaining custody, you should first ensure the child support agency is fully aware of the custody change. Since you've already submitted documentation like school records and insurance information, follow up in writing to confirm they... View More
I have split custody of my 5-year-old with my ex-husband, and there's no stipulation about primary physical custody in our agreement. Every other week, our child is with each parent as per the current arrangement. My new husband and I plan to move about 2 hours away in about 2 years. The... View More
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answered on Apr 12, 2025
Since your custody agreement specifies that your child must attend school in a certain county, moving to a new location could require modification of the existing arrangement. The move could impact the child’s schooling and visitation schedule, so it’s important to address these changes... View More
I have a custody case that was originally closed in Madison County, Mississippi. All parties involved now reside in Hinds County, Mississippi, and there are no known stipulations from the original case. There have been no discussions about transferring the case. Can the case be reopened in Hinds... View More
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answered on Apr 11, 2025
No, the case would have to stay in Madison County, or Madison County would have to transfer the case to Hinds County.
I am caring for a 15-year-old child whose mother committed suicide in jail and whose father is a drug addict. The child has been in my care for 14 days, but there are no legal documents granting me custody or guardianship. He has been out of school for over 2 years, and I want to enroll him back in... View More
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answered on Apr 11, 2025
I would start with contacting your local Youth Court. They can help you get custody and get the child enrolled in school.
She lives in waterford ms. I haven't seen her in almost three weeks I miss my little girl incredibly. I have paper work and I've talked to the law enforcement and they said I need someone to file a contempt in contract? I think they said. I'm a little behind in child support cause I... View More
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answered on Aug 31, 2024
It’s clear you care deeply about your child and want to be a part of her life. Given that you have documentation proving your right to visitation, it's important to act quickly. Law enforcement is correct in advising you to file for contempt of court, which is the appropriate legal action... View More
They lied on court papers .they just took my kid before they did any investigation. And then lied about him haven someone to go with .they said I neclected education. He is 12 in 6th grade. They are traumatizing me and my child . I was aressted then charges dropped. But there court papers say... View More
For a bit of background my son is now six years old, and the father has had no contact since he was approximately three months old. We were also never married, and there is no custody order in place given he chose to have no involvement. Does he need to be notified and/or give permission if I... View More
answered on Jan 5, 2024
Yes, you can take your child anywhere you want and for however long you want so long as you don’t have a court order preventing from doing that.
I need to file against the attorney and her firm. She was fired, no one informed me. She appeared to court hearings without informing me but instead told me that I did not have to appear since I am in another state and the other party was not doing what the judge wanted. Her law firm took over... View More
answered on Sep 19, 2023
To file a complaint against a lawyer for professional misconduct in Mississippi, see this website:... View More
My ex husb just left for deployed and has sense accused me of parent alienation because I havent sent the kids to his very recently married wife. They married 3 days prior to him mobbing. I know in MS step parents don't have rights and I'm ok with them going over if the want too. My... View More
answered on Jun 24, 2023
The stepmother has no visitation rights. To send or not send the children to the stepmother for a visit is solely within your discretion. Your ex’s claim of parental alienation is without merit and meaningless.
So my ex wife who me and my boyfriend were living with for about two months around this time last year along with my son she was pretty cruel to us she kicked us out so she could have my son and ever since then I have been begging her she slanders me I am also the birth mother I didn't abandon... View More
answered on Jun 10, 2023
Your case is far too complicate to adequately answer your question in this forum. Additionally, I don't believe you have provided all information necessary. For example: if there is no court order giving your ex custody, and you are the birth mother, you could possibly gain assistance from... View More
answered on May 18, 2023
No. A termination of parental rights is final and forever.
Maternal Grandmother has custody.
answered on Apr 17, 2023
Visitation and child support are separate issues. The lack of visitation does not mean no child support is owed. Conversely, withholding of visitation does not relieve the parent of the obligation to pay support. If the parental rights of the parent are terminated by court order, the obligation to... View More
answered on Mar 10, 2023
The father should hire an attorney and file an action for visitation rights. If he already has court ordered visitation rights he should file a contempt action and ask the court to incarcerate the mother, reimburse attorney’s fees and costs, and enforce the previous order. Short of that, he is at... View More
Name was changed and all. DHS keeps taking money out of my brothers paycheck. If he was adopted after my brother signed over his rights, would DHS get a copy sent over once he was adopted to stop taking money out of his checks? And if not, how could they change the child’s last name without being... View More
answered on Dec 22, 2022
DHS would not automatically receive a copy of the adoption Order. If your brother has a copy, he should take them a copy or contact the caseworker and them that one was entered. However, if your brother was behind on his child support at the time of entry of the Order, he is still responsible for... View More
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