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However, in Mississippi, these parental rights may be forfeited voluntarily through a written release executed by the parent, or the relationship of the parent and child may be terminated involuntarily if certain factors are present as indicated in Section 93-15-103 of the Mississippi Code Annotated.
A legal guardian is someone who is appointed by the court to take responsibility for another person, known as a "ward." A ward can be either a child or an adult who for some reason cannot manage his own affairs. Although you can appoint a guardian in your will, the probate court is not obligated to accept your choice.
What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.
Desertion of a child under 3 years of age for 6 months, desertion of a child older than 3 years for 1 year, proof of a series of abusive incidents involving one or more child, the child has been in the care and custody of a licensed child care agency which has attempted to implement a plan of return and the parent has ...
Desertion or abandonment of the child by the parent; Contact not having been made with the child for a significant period of time (at least six months for a child younger than three years old or at least one year for a child three years old or older);
Having a guardian does not generally change this. After a guardian is appointed, the parent may continue to have custody. Even when the parent does not have custody, they may have a court order that allows them to visit their child. In some circumstances, a court may suspend or terminate a parent's rights.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.