Legal Question in Family Law in Mississippi

Re: Guardianship Question

You need to talk to a lawyer in Ms. as soon as you can. Do not tell the others you are doing this. I am in Ala. but I do not believe she can legally stop you from leaving. Probably the best thing to do is just load up and go the first night you are there. However, I don't want you arrested in a place where you are an outsider. Talk to a local lawyer. Check in the courthouse and find the office where divorces are filed. Ask around about the 2or 3 attys who handle a lot of these type cases. Then hire one of them and listen to what they say. I certainly would not sign any rights over to this lady without a fight.I think you will be OK but in Ms. you need LOCAL counsel who knows everyone and is on YOUR side. If at all possible, don't quibble about the fee, find the right person, pay them and listen to them. Good Luck and I hope things work out well for you.Please feel free to contact me if you need to. Fred Wood of Fred Wood & Associates LLC. [email protected]. 205-921-0202.

Re: Guardianship Question

Mr. Wolf is correct about not signing any guardianship document. Instead you might consider just signing an advance consent for medical care that the local emergency room will accept, and include your contact information in the document for verification and any further consultation purposes. If your daughter stays in Mississippi for at least six months, any custody issue between the father and you will have to be decided in Mississippi.

To take your daughter, your course of action in court is to pursue a habaes corpus action against the grandmother. You will need a copy of your daughter's official birth certificate.

I would suggest that you first try the low key approach by showing the grandmother that it is in your daughter's best interest that everyone cooperate in helping to raise her. If she is unable to talk with you about this rationally, you might be able to persuade her to join you in mediation by a family counselor.

The last option is to just take your daughter. If you do, coordinate in advance with the local police and avoid disturbing the peace. This course action however will destroy the possibility of future assistance from the grandmother in raising your daughter and it will probably tramatize your daughter.