Miss. Code Ann. § 43-21-121(4) states: “The court may appoint either a suitable attorney or a suitable layman as guardian ad litem. In cases where the court appoints a layman as guardian ad litem, the court shall also appoint an attorney to represent the child. From and after January 1, 1999, in order to be eligible for appointment as guardian ad litem, such attorney or lay person must have received child protection and juvenile justice training provided by or approved by the Mississippi Judicial College within the year immediately preceding the appointment.” If an allegation of abuse or neglect arises during a custody proceeding,
Category Archives: Family law
The factors that the court must consider in awarding child custody are set out in Albright vs. Albright, 437 So.2d 1003, 1005 (Miss. 1983).
The factors are:
- Age, health and gender of the child.
- Parent having continuity of care prior to the separation.
- Parent with best parenting skills and willingness and capacity to provide primary child care.
- Employment of the parent and responsibilities of that employment.
- Physical and mental health and age of the parent.
- Emotional ties of parent to child.
- Moral fitness of the parent.
- Home, school and coomunity record of the child.
- Preference of the child at age sufficient to express a preference.
- Stability of parent’s home environment and employment of each parent.
- Relative financial situation of the parents.
- Difference in religion of the parents.
- Differences in personal values of the parents.
- Differences in lifestyle of the parents.
- Other factors relevant to the parent-child relationship.
When bringing an action against a party, an important consideration is where to file the lawsuit. A lawsuit will only be heard if it has been filed in the proper venue, or county.
Mississippi statute regarding proper venue provides that “Civil actions of which the circuit court has original jurisdiction shall be commenced in the county where the defendant [1] resides, or, if a corporation, in the county of its principal place of business, or in the county where a substantial alleged act or omission occurred or where a substantial event that caused the injury occurred.” Miss.Code Ann. § 11-11-3(1)(a)(i) (Rev.2004). In interpreting the venue statute, Mississippi Courts “specifically requires a substantial alleged act, omission, or injury-causing event to have happened in a particular jurisdiction in order for venue to be proper there.” Hedgepeth v. Johnson, 975 So.2d 235 (Miss. 2008) citing Medical Assurance Co. of Mississippi v. Myers, 956 So.2d 213 (Miss. 2007).
Under Mississippi Code Ann §41-31-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility. The law requires that the person asking the court to do so be either a spouse, parent, next of kin, friend or relative. The Petition for Involuntary Commitment must be filed in the county of the patient’s residence or county in which he or she is found.
The Petition must allege that the patient is an alcoholic or drug addict, a Mississippi resident who is unfit to manage their affairs, OR a danger to themselves or others, OR lost the power of self-control, AND who is in need of care and treatment, AND that treatment will improve the health of the patient.
Upon filing the Petition, a hearing will be set, summons issued and hearing held five to twenty days after filing. The Defendant must served not less than three days before the hearing.
At the commitment hearing, the Chancellor will hear evidence presented by the Petitioner. Such evidence may consist of the testimony of witnesses. The Chancellor may also order an examination of the Defendant.
The Court will consider all of the above factors to determine whether involuntary commitment is appropriate. If Petition is granted, the judge will enter an order for 30-90 days of treatment
Under Mississippi Code Ann §41-32-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility. The law requires that the person asking the court to do so be either a spouse, parent, next of kin, friend or relative. The Petition for Involuntary Commitment must be filed in the county of the patient’s residence or county in which he or she is found.
The Petition must allege that the patient is an alcoholic or drug addict, who is powerless over alcohol or drugs and whose life is unmanageable. The Petition must also allege that the mental and physical health, continued family life, position in the community are dependent upon receiving treatment and that the patient has refused to self-commit despite requests; that the petitioner has selected a treatment facility or combination of facilities; financial arrangements have been made and that the facility has approved admission, subject to commitment by Court.
The Court will consider all of the foregoing factors plus “clear and convincing” evidence that involuntary commitment is appropriate. The length of treatment may be for 60 days maximum and an additional 120 days as an outpatient or longer if the treatment facility decides additional treatment is warranted.
