Legal Question in Family Law in Mississippi

parents rights please help

in august 2001 my childs father called welfare and made a report of abuse and drugs aganist me (all found unfounded case closed) when that didnt work he got a lawyer and told the same thing to the courts and got tempory custody in one day i wasnt notify of my right to defend myself or of court date. is this legal and what can i do about it he wasnt even on the birth record no paternity proven how can this be done


Asked on 5/30/02, 10:53 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: parents rights please help

Hopefully, you have an attorney to represent you in the case by now. It seems that the father obtained extraordinary relief from the court in the form of a petition for habeas corpus. Under such circumstances the petitioner has to allege that he was reasonably diligent in attempting to notify you of the exordinary hearing and that it was necessary for the child's safety to require immediate transfer to the father's custody. If you incur legal expense to regain your child in a hearing which should have been conducted within about 3 days, the court should have ordered the father to reimburse you for your costs.

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Answered on 5/31/02, 10:51 am


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