Legal Question in Family Law in Mississippi

stopping custody appeal when other party is arrested.

I have custody of 2 children,my ex has filed an appeal that has been assigned to the court of appeals.I recently found that during her summer visitation she was arrested for posession of a controlled substance.Is there anyway to use this to stop the appeal,to have this entered into the appeal.I paid an attorney to file my briefs,but cannot reach him since the briefs were filed.thanks.


Asked on 9/12/01, 1:28 pm

1 Answer from Attorneys
Jeffrey Padgett Padgett Law Firm, pllc

Re: stopping custody appeal when other party is arrested.

I don't think that it would be allowed in the appeal because it was not brought up before the trial court. However it may be grounds for a new hearing depending on the specific facts of your case.

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Answered on 10/26/01, 4:42 pm


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