Legal Question in Family Law in Mississippi

Re: Termination of parental rights for 1 parent

I can�t imagine why you were paying child support in the first place. It sounds like you were the custodial parent, most, if not all of the time. Certainly, you need to have the previous order modified, because she will eventually want to come after you for past due child support. I�m not saying she will get it, but it is possible. You should contact a local family law attorney right away.

Q. Does this constitute child abandonment?

A. Yes, but desertion and nonsupport would be more accurate. This is a criminal statute and I don�t think law enforcement will be eager to go after her. They would likely claim this is just sour grapes on your part. Furthermore, the current order says that you pay child support, not the ex-wife. From the Mississippi Code:

� 97-5-3. Desertion or nonsupport of child under age eighteen.

Any parent who shall desert or wilfully neglect or refuse to provide for the support and maintenance of his or her child or children, including the natural parent of an illegitimate child or children wherein paternity has been established by law or when the natural parent has acknowledged paternity in writing, while said child or children are under the age of eighteen (18) years shall be guilty of a felony and, on conviction thereof, shall be punished for a first offense by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by commitment to the custody of the Department of Corrections not more than five (5) years, or both; and for a second or subsequent offense, by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by commitment to the custody of the Department of Corrections not less than two (2) years nor more than five (5) years, or both, in the discretion of the court.

Q. If so, can I have her parental rights terminated?

A. Possibly, but this is very difficult. If this child is not going to be adopted, you may have a hard time convincing a Chancellor to terminate parental rights. Also a Guardian Ad Litem would need to be appointed and that could get rather expensive.