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If DHS closed my case, who has custody of my kids? My mom had temporary custody before the case was closed.

Lucedale, MS |

Me and my husband got into some problems for drugs 2 1/2 years ago. At the time they charged us with child neglect but they have since been dropped. We went to DHS 2 days ago and they said that they closed the case a couple of months ago. But neither me nor my mom was contacted. We didn't know until we went up there 2 days ago. That's all the lady told us except that she would make a court hearing with the judge so we can get the paper showing that I have custody. We just got our own place(we were living with my mom, with 5 kids) but my mom is saying that we can't take our kids with us because she has custody. She doesn't know that for sure she just assumes. But the case is CLOSED! Please somebody help me! LEAVING MY KIDS IS NOT AN OPTION FOR ME!! We have been straight for 2 1/2 years.

Attorney Answers 2

Posted

Simple answer, you need to hire an attorney. DHS and youth court are complicated entities that have separate rules that sometimes they themselves are hard pressed to either explain or follow. You most likely need to bring an action in chancery court to resolve the matter. You can attempt to do this yourself, however it is extremely complicated and you will be held to the same standard as an attorney.
Many on this site, such as myself, practice in chancery court

The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.

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Posted

If the last court order that was entered gives custody to your mother, then she will continue to have custody until another order is entered granting you custody.

You need a lawyer now.

No attorney-client relationship has been formed by this answer. The answer given herein should not be your only inquiry into the matter or issue. You should schedule an appointment and seek the advice of an attorney to fully explain the facts so that the attorney can make an informed analysis and recommendation concerning your problem and advise you of all of your rights.

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