Family Law

When family law issues arise it can become very stressful and overwhelming quickly. Stella prides herself on sitting with her clients one-on-one and explaining, in plain English, the options available and the most likely outcome.

Stella represents client in family law matters including:

  • Adoption: A legal procedure focused on the best interest of the child that transfers parental rights from the birth or natural parents to the adoptive parents. The child and adoptive parents then have a legal relationship as if the adoptive parents were the biological parents of the adopted child. Mississippi  Adoptions are governed by Miss. Code Ann. Sections 93-17-1 through 93-17-223.
  • Child Custody: Child custody involves a determination of both the physical and legal custody.  The term “physical custody” addresses the issue of where the child lives, and can involve the parents sharing joint physical custody or one parent being the primary custodial parent that the other having visitation. The term “legal custody” addresses decisions about the minor child’s education, health care, religion, and other issues.  Mississippi Custody Actions are governed by Miss. Code Ann. Sections 93-5-23 through 93-5-26, 93-13-1, and Albright v. Albright, 437 So. 2d 1003 (Miss. 1983).
  • Child Support: A noncustodial parent has an obligation to assist in the financial support of his/her minor child and this support is paid until the minor child reaches the age of twenty-one or becomes emancipated. In Mississippi the amount of support due to the minor child is governed by Miss. Code Ann. Sections 43-19-101.
  • Divorce-Fault Based: Grounds for filing a fault-based divorce are(1) Adultery (2) Cruel and inhuman treatment, (3) Desertion of the marital home for a period greater than one year, (4) Sentencing to any penitentiary, (5) Habitual drunkenness, (6) Habitual use of opium, morphine, or other like drug, (7) Mental illness or an intellectual disability at the time of marriage, (8) Marriage to another at the time of the purported marriage, (9) Pregnancy of the wife by another person at the time of the marriage, (10) Relation within the prohibited degrees of kinship (incestuous relationships), (11) Incurable mental illness, or (12) Natural Impotency, in accordance with Miss. Code Ann. Sections 93-5-5 et. seq
  • Divorce-Irreconcilable Difference: Although there is actually not a “no-fault” divorce in Mississippi, Irreconcilable Difference Divorce is recognized and  occurs when a couple agrees to divorce and to the settlement of such issues as child custody and support, alimony, and property division  in accordance with Miss. Code Ann. Sections 93-5-2.
  • Grandparent Rights: There a occasions when the Court recognizes Grandparent Rights. Some situations where grandparent rights may be recognized include (1) when the natural parents of the minor child are deemed unfit and proper to care for the child, (2) when the natural parent’s rights have been terminated, (3) if a parent of the minor child is deceased, (4) if there is a viable relationship between the child and the grandparent, and (5) in other situations.
  • Guardian Ad Litem: A  guardian, usually a lawyer, appointed by the court to appear in a lawsuit on behalf of an incompetent or minor party. Generally speaking, courts must appoint a guardian ad litem in certain situations, such as where there are allegations of abuse or neglect.  But courts have the discretion to appoint guardians ad litem under other circumstances as well.  The GAL usually takes on one of two roles:(1) The first of these is to be an Attorney for the Children.  To represent the child in the same capacity any attorney would represent a client, with the same duties, obligations and confidences that every attorney owes to each client.  This role is fairly uncommon in custody/divorce actions, or; (2) The much more common role is that of Investigator for the Court.  Judge’s routinely appoint an attorney to serve as the Court’s eyes and ears on the ground.
  • Paternity: Paternity cases usually arise in two scenarios.(1) The first being a child born from an adulterous relationship. Mississippi law presumes that a child born to a married man and woman is the natural offspring of the couple. Paternity is presumed until proven otherwise in court. For a child conceived out of an adulterous relationship during the marriage, the law still recognizes the husband as the legal father who has parental rights and responsibilities to the child. (2) The second scenario being a child born to an unmarried man and woman.  A child of unmarried parents may not have a legal father unless the father is on the birth certificate or he establishes paternity.  Without legal parentage a father is not obligated to pay support for the child and he cannot he cannot establish custody or visitation rights. These cases are governed by Miss. Code Ann. Sections 93-9-1 et. seq.
  • Prenuptial Agreements: a contractual agreement executed in contemplation of (before) marriage, which generally outlines a spouses’ rights and obligations during the marriage, as well as on its termination by divorce or death of a spouse. Under Mississippi law, prenupts are nothing more than contracts; so the general rules associated with contract interpretation, validity, and enforcement apply.  Miss. Code Ann. Section 93-3-7 outlines the restrictions on contracts between a husband and wife.
  • Protection Orders: Civil protection orders can be obtained for victims of abuse if there currently or previously existed a intimate relationship or there is a close family relationship. There are two types of Protection Orders issued in Mississippi for victims of abuse, rape, stalking, or physical threats. (1) An Ex Parte Emergency Order, which is issued immediately without prior notice to the other party, after a showing of immediate and present danger of abuse. These orders are general issued only in justice, municipal,  and county courts, but may also be issued by chancery courts in some circumstances; and are valid for only 10 days, but can be extended by order of the issuing court for periods of up to 20 additional days. (2) A Final Order will only be issued after a court hearing in which both parties have a chance to tell their sides of the story.  It offers longer-term legal protection than the temporary order and can last up until such time that the judge believes is appropriate; however generally the maximum time for a final protection order is 3 years. Mississippi Protection Orders are governed by Miss. Code Ann. Sections 93-21-1 et. seq.
  • Termination of Parental Rights: In extreme situations Parental rights may be terminated by a showing of clear and convincing evidence to the Court that such termination of parental rights and obligations are in the best interest of the minor child. Generally to terminate parental rights one party must prove by clear and convincing evidence at least one of the following: (1) Desertion or abandonment of the child by the parent; (2) Contact not having been made with the child for a significant period of time (at least six months for a child younger than three years old or at least one year for a child three years old or older); (3) Evidence of multiple abusive events for which the parent is responsible concerning at least one child; (4) If a licensed child care agency or the Department of Human Resources has had custody of the child for at least twelve months, the agency has made significant efforts to create and employ a plan which would allow the child to return to the custody of his or her parent, and the parent has not pursued visitation with the child although options were made available or the parent has agreed to a plan for return of the child to him or her but has not implemented the plan; (5) Exhibition of ongoing behavior by the parent which would not allow for the return of the child to the parent (such as a drug or alcohol addiction, mental illness, or physical incapacitation); (6) Extreme hatred expressed by the child regarding the parent, or some extensive deterioration of the parent-child relationship due to the parent’s neglect, abuse, absence, failure to contact, or imprisonment; (7) Conviction of the parent of certain criminal offenses against a child or children; or (8) Abuse or neglect of the child as recognized by a court, the child has been removed from the parent’s custody for placement elsewhere, and a court has determined that allowing the parent to reunite with the child would not be in the best interest of the child. Termination of Parental Rights are governed by Miss. Code Ann. Sections 93-15-103 and 93-17-7.
  • Third-Party Custody & Visitation: In Mississippi there is the natural parent presumption, meaning that in a custody action the natural mother or father is preferred to a third party. That’s not to say that this presumption cannot be overcome; a third party seeking custody must show that (1) the natural parent has abandoned the child, (2) the parent is entirely unfit due to abandonment of the child or relinquishment of parental rights, or (3) because the conduct of the parent is detrimental to the child.
  • Visitation Rights: In Mississippi the best interest of the child is considered when addressing visitation rights. Generally the noncustodial parent has unrestricted reasonable visitation with the minor child; although restrictions may be added in circumstances involving the safety of the minor child. “Standard Visitation” usually constitutes the noncustodial parent having custody of the child every other weekend and alternating holidays; although there is no set Visitation Schedule in Mississippi.

For more information about Family Law matters schedule a free consultation with Stella Hurtt