Legal Question in Family Law in Mississippi

my ex and I have a 2 yr old son she asked me to come get him she has noplace to live because her grandparents kicked her out .she is pregnant with another child and the babys daddy is wanted in Arkansas on a meth charge .she is staying with her mom who has been arresterd several times on crack charges . im worred about my son . I moved to Biloxi ms from olive branch ms about 5 months ago . I was told I need to be here 6 months before filing custody papers. can I file emergency tempary custody.and if I can how do I do it

Asked on 7/27/13, 3:29 am

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

A custody petition would have to be filed in the child's home state, and the parties can agree to custody, visitation, and support, subject to approval by the court. Under the Uniform Child Custody Jurisdiction Enforcement Acts, the child's home state is generally where he has resided for the greater part of the last six months. An emergency petition can be filed any time in the jurisdiction where the child may be located.

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Answered on 8/03/13, 7:34 am

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