Legal Question in Family Law in Mississippi
guardianship
When parents have joint custody, can one parent sign guardinship to a 3rd party, without the other parents knowledge? What would happen to the child support that is garnished from the other parents wages? What action should i take? What if she has already signed the papers?
1 Answer from Attorneys
Re: guardianship
In a 2008 case, a mother joined the army and appointed her mother as temporary guardian of her child. The father then petitioned the chancery court for custody of the child while the mother was in boot camp, and after the mother's military duties allowed her to defend against the action, the case was heard. The judge decided based on consideration of the child's best interest to transfer custody to the father. PRICE v. McBEATH
989 So.2d 444 (MS COA 2008)
It seems that there had been no prior adjudication of custody beforehand. If there had been, the father would have had the additional burden of persuading the court that a change of circumstances was adverse to the interest of the child.
Regarding child support, it will require a court order to make any changes based on the child's best interest.
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