Legal Question in Family Law in Mississippi

Mother with child abuse charges and still gets the kids back.

My ex-wife was recently picked up on felony child abuse charges on our 2 yr old child (multiple skull fractures and a swollen and contused liver). DHS gave the kids to me temporarily. We went to court on for her trial and the Youth Court Judge said there wasn't enough evidence for abuse so he dismissed the case. She is still being tried for Felonous Child Abuse through the criminal courts. When we first got the kids the custody order in our divorce was filed null and void. With the youth court having jurisdiction with all custody matters. Now the Judge is saying the original order stands even with it being null and void. Can he make me give the kids back without signing another order. And can he turn the kids back over to the mother with her still having to go to trial on the Felonous Child Abuse Charges. We are fearful the child will end up dead if she is sent back to her mother.


Asked on 10/26/02, 7:54 pm

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Mother with child abuse charges and still gets the kids back.

It appears that the youth court took jurisdiction over the children temporarily, after the judge decided there was not enough evidence to prove beyond a reasonable doubt that abuse occurred, the case was dismissed. Thereafter, the situation defaults back to the last divorce custody order. To obtain a change in custody in chancery court, the chancellor only needs to be persuaded by a preponderance of the evidence that there has been a substantial and material change in circumstance and it is in the child's best interest to change custody, i.e. a "more likely than not" standard. The preponderance of the evidence standard requires a lesser burden of proof. Therefore, consult with an attorney as soon as possible about seeking custody in chancery court where the divorce was obtained.

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Answered on 10/28/02, 8:36 am


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