Legal Question in Family Law in Mississippi

Transfer of custody

My son will be 18 in jan. he left home in july to live with my sister they now want to sue me for custody and child surport.I have full custody.My sons mother would like to have custody of are son.Can i sign over custody to her to avoid my sister.I also recived a subpoena in the mail for corut with my sister over custody set for oct.31.


Asked on 10/19/02, 12:00 pm

2 Answers from Attorneys
Jeffrey Padgett Padgett Law Firm, pllc

Re: Transfer of custody

I would suggest taking your papers to an attorney immediately. I would also suggest that you attempt to have your son emancipated. From the information you supplied, you very well may can have him emancipated.

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Answered on 10/21/02, 9:50 am
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Transfer of custody

You need to consult with an attorney as soon as possible. I doubt you received a subpoena. It was more likely to be a summons and you may have to file an answer in order to avoid admitting allegations in the complaint. Transferring custody to your wife will not avoid the obligation to pay support. The only way to avoid it is for the boy to be emancipated or for you to have paramount custody. You might counterclaim for emancipation since he refuses to live with you and his mother and apparently is on his own anyway.

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Answered on 10/19/02, 12:36 pm


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