CPS had complaints on mother and while my son was with me they came to my house and adviseme not to let her have him. He was 4 months old at the time. Since she has refused to give me his WIC and Medicaid card Has never ask to see him. And only txt everynow and then and ask how is he that’s all is this considered abandonment?
It sounds like you are the natural father of the child, but unmarried to the mother. Therefore, you need to establish paternity and get custody. This requires petitioning the court and getting a court order. To do this, consult with a local attorney. This is probably the best bet if you are trying to establish custody to raise your son.
The other option would be to contact the Mississippi Department of Human Services. This is a government entity, like CPS, and their interest will be the welfare of the child. That is to say, they could determine and give the opinion that the child's best interest is to NOT be in your custody. The judge has the final say, but the weight of the opinion of the caseworkers is heavy. That is the reason I stated to go over everything in a consultation with a private attorney.
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Hire a private attorney and petition the Chancery Court to (1) establish paternity (in other words, get the court to enter an order that you are the child's biological father), and (2) to obtain physical and legal custody of the child and order her to pay you child support.
Contact and schedule an appointment with an experienced family law attorney as soon as possible.
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. The answer provided is not legal advice for which you can rely upon. Contact an attorney and schedule an appointment immediately to further discuss your case. For further information which may be helpful to your question, please visit my website at www.jonhpowell.com.
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