Legal Question in Family Law in Mississippi

My sister's husband sought and received custody of his 7 year old son whom he had not seen since the child was 2 years old after the child's mother signed away her parental rights and handed him over to MS Child Services. He had been in and out of mental facilities since the age of 4. The child has lived with his father, my sister and her 2 children for 4 months in TN. My sister and her husband no longer want the child and are seriously considering placing him into the TN foster system. If my husband and I decided to bring the child into our family in MS, how would we proceed? We can't afford exhorbitant legal fees, but want to spare this child further emotional damage.


Asked on 8/01/09, 12:35 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Contact an adoption agency like Catholic Social Services for help. Maybe you can qualify to become the child's foster parent but it will probably require coordination between the Tennessee and Mississippi departments of human services.

Otherwise, the father can petition a Mississippi Chancery Court to give you guardianship of the child; and you can consider adoption at a later time. A power of attorney will not work because a guardianship will be necessary to qualify the child for attendance at a school near your home. Additionally, contact the Mississippi Bar to request an attorney to take the case pro bono or for a reduced rate. Alternatively, you can contact an attorney you know to see what he or she can do for you.

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Answered on 8/06/09, 3:40 pm


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