Family Law
Family law matters are among the most personal and consequential legal issues a person can face. Divorce, child custody disputes, adoption proceedings, and guardianship matters affect the relationships and circumstances that matter most in your life. The legal decisions made in these cases have long-term consequences for you and your family, and having experienced legal counsel on your side makes a meaningful difference in how those decisions turn out.
At Tollison & Webb P.A., we represent family law clients throughout North Mississippi with a focus on clear communication, practical guidance, and outcomes that serve the long-term interests of our clients and their families. We handle the full range of family law matters in Lafayette County and surrounding counties.
Family Law Practice Areas
Divorce
Divorce involves the legal dissolution of a marriage and the resolution of related issues including property division, spousal support, and when children are involved, custody and support. Mississippi recognizes both fault-based and no-fault divorce grounds, and the approach that makes sense depends on the specific circumstances of your marriage and what you are trying to achieve. We represent clients in uncontested and contested divorces, working to protect your financial interests and your relationship with your children throughout the process.
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Child Custody and Visitation
Child custody determinations are among the most consequential outcomes of a divorce or separation. Mississippi courts evaluate custody based on the best interests of the child, considering a range of factors including each parent’s relationship with the child, the stability of each home environment, and the child’s own preferences depending on age. We represent parents in initial custody proceedings, custody modifications, and relocation disputes, always with the goal of achieving an outcome that serves the child’s best interests and protects your parental rights.
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Child Support
Child support in Mississippi is calculated based on the income shares model, which considers the income of both parents and the custody arrangement. While the guidelines provide a starting point, deviations are possible based on specific circumstances including extraordinary medical expenses, educational costs, and other factors. We represent clients in initial child support proceedings, enforcement actions, and modification requests when circumstances have materially changed.
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Adoption
Adoption is one of the most rewarding legal processes we handle. Whether you are pursuing a stepparent adoption, a relative adoption, or an independent adoption, the legal requirements in Mississippi are specific and the process requires careful attention to ensure the adoption is legally valid and permanent. We guide families through every step of the adoption process, from the initial petition through the final hearing.
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Conservatorships and Guardianships
When a person is unable to manage their own affairs due to age, disability, or incapacity, a court-appointed guardian or conservator may be necessary to protect their interests. Guardianship addresses personal decisions including healthcare and living arrangements, while conservatorship addresses financial matters. We handle guardianship and conservatorship proceedings for both minors and adults, advising families on the appropriate legal framework and guiding them through the court process.
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Contempt Petitions
When a court order governing divorce, child custody, child support, or visitation is not being followed, a contempt petition is the legal mechanism for enforcing it. Whether a former spouse is withholding court-ordered visitation, failing to pay child support, or violating the terms of a divorce decree, we file contempt petitions on behalf of clients whose court orders are being ignored and defend clients who have been wrongly accused of contempt.
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Birth Certificate Corrections
Errors on a birth certificate can create legal complications for identification, benefits, inheritance, and other matters that depend on accurate vital records. Mississippi has a specific legal process for correcting birth certificate errors, and the requirements vary depending on the nature of the error and how long ago it occurred. We handle birth certificate correction petitions throughout North Mississippi, guiding clients through the process efficiently.
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How Family Law Cases Work in Mississippi
Most family law matters in Mississippi are handled in Chancery Court, which has jurisdiction over divorce, custody, support, adoption, and guardianship proceedings. Lafayette County Chancery Court handles matters arising in Oxford and Lafayette County. We practice regularly in Chancery Court and are familiar with the judges, procedures, and local practice that affect how these cases are handled.
Many family law matters can be resolved through negotiated agreements rather than contested hearings, which is generally faster, less expensive, and less adversarial for everyone involved, particularly children. We pursue negotiated resolution whenever it is in our client’s best interest, and we are prepared to litigate fully when it is not.
Frequently Asked Questions
How long does a divorce take in Mississippi?
An uncontested divorce where the parties agree on all issues can be finalized relatively quickly once the mandatory waiting period has passed. A contested divorce involving disputed property, custody, or support can take considerably longer depending on the complexity of the issues and the court’s docket. We give clients a realistic assessment of timelines at the outset based on the specific circumstances of their case.
Can family law orders be modified after they are entered?
Yes, in many cases. Custody, visitation, and child support orders can be modified when there has been a material change in circumstances since the original order was entered. The threshold for modification varies depending on the type of order and the nature of the change. We advise clients on whether the circumstances warrant a modification petition and represent them in modification proceedings.
Do I need an attorney for an uncontested divorce?
You are not legally required to have an attorney, but even uncontested divorces involve legal documents that have long-term consequences. Property settlement agreements, custody arrangements, and support terms that seem straightforward at the time can create problems later if they are not drafted carefully. Having an attorney review or draft these documents is almost always worth the investment.
How does Mississippi determine child custody?
Mississippi courts apply the Albright factors, a set of criteria established by the Mississippi Supreme Court for evaluating the best interests of the child in custody determinations. These factors include the age of the child, the health of the parents, each parent’s willingness to support the child’s relationship with the other parent, employment demands, and a range of other considerations. We prepare our clients thoroughly for custody evaluations and hearings, presenting the strongest possible case for the custody arrangement that serves their child’s best interests.
What happens if my ex is not following our court order?
A court order is legally binding, and violations can be addressed through a contempt petition. Mississippi courts take contempt of family court orders seriously, and the consequences for a party found in contempt can include fines, attorney fee awards, and in serious cases, incarceration. If your court order is not being followed, contact us to discuss your options.
Contact a Family Law Attorney in North Mississippi
If you have a family law matter in Oxford, Lafayette County, or anywhere in North Mississippi, contact Tollison & Webb P.A. to schedule a consultation.
Call (662) 234-7070 or contact us online.