Legal Question in Family Law in Mississippi

Temporary Child Custody

We have just learned that our daughter and Son in law are engaging in the use of crystal meth. They have a 9 yr old child in the home that is being neglected and also witnessing domestic violence. What is our legal option for getting the child out of the home until the parents decide to get help. We live in TN-they are in MS.

Asked on 5/14/02, 12:46 am

2 Answers from Attorneys

Beth Brooks Beth Brooks, Attorney

Re: Temporary Child Custody

The "home state" of the child is Mississippi and the Miss. DHS and teachers and other witnesses would be better accessed there, so probably that would be the better forum. You could call DHS and report, but also and probably better, you can retain the services of a lawyer there to file a Petition for Dependency and Neglect in the Juvenile Court which has exclusive jurisdiction of such matters in Tennessee and probably the same there. Family members are favored in DHS Petitions, but that would be an independent investigation and the child may go to a foster home until the two states could cooperate in checking out your home. I would go to a lawyer.

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Answered on 5/14/02, 8:28 am

Jeffrey Padgett Padgett Law Firm, pllc

Re: Temporary Child Custody

I would immediately file a petition for temporary custody. This is where the Grandparents ask the court for custody of the grandkids until their kids act right. This happens all the time.

Let me know if I can be of additional service.

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Answered on 5/14/02, 8:58 am

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