Child Abuse & Neglect

Understanding the Role of a Guardian ad Litem in Mississippi Family Court

Published on: November 11, 2024 | by Vic Carmody Jr., P.A.

When family matters become contentious, particularly in cases involving child custody, visitation, or termination of parental rights, the courts often seek to ensure the best interests of the children involved. One important tool in the process is the Guardian ad Litem (GAL)—a person appointed by the court to represent and protect the child’s best interests during legal proceedings. In Mississippi, as in other states, a GAL plays a vital role in family law cases to help ensure that children’s needs and voices are heard, even when they cannot advocate for themselves.

What is a Guardian ad Litem?

The term Guardian ad Litem is Latin for “guardian for the lawsuit.” A GAL is typically an attorney, but may also be a social worker or other professional appointed by the court to represent the child’s best interests during a legal process. The GAL is often called “the investigative arm of the court,” meaning that the GAL serves as the Judge’s investigator to look into important issues and determine what will be in the child’s best interest. While the child’s wishes may be considered, the GAL’s primary responsibility is to advocate for what is deemed to be in the child’s best interests, even if that differs from what the child expresses.

Types of Family Violence in Mississippi

Published on: June 4, 2024 | by Vic Carmody Jr., P.A.

Domestic violence is a serious offense in Mississippi. If you are accused of this crime, it is important to understand your rights. More importantly, it is crucial that you understand exactly how these alleged crimes are handled in the state of Mississippi. There are many types of crimes that may be classified as domestic violence, and penalties may vary as a result. An obvious first step is to book a consultation with a criminal defense attorney and determine how best to proceed based on your unique situation.

While there are many types of family violence in Mississippi, they all involve crimes committed against members of your household or your family. This might include:

Your current spouse

Potential Defense Strategies for DUI Child Endangerment in Mississippi

Published on: March 15, 2024 | by Vic Carmody Jr., P.A.

While there are many aggravating factors associated with DUIs in Mississippi, perhaps one of the most notable involves child endangerment. If you had a child in your vehicle at the time of your DUI arrest, you face enhanced penalties that can be quite severe. It is obviously in your best interests to fight these charges in the most effective way possible – but how exactly do you accomplish this goal? With the right defense strategy, this might be easier than you realize. With that said, it is important to realize that the most appropriate defense strategy depends entirely on the unique circumstances surrounding your arrest – and it’s always best to consult with an attorney.

The Passenger Was Not a Child

If the circumstances regarding the underlying DUI offense seem impossible to fight, it may be worth establishing that there was no child in your vehicle at the time of your DUI. Many police officers take a quick look inside vehicles and determine an occupant’s age simply by glancing at them. However, this is not an accurate way of determining a child’s age. Some children look much younger than they actually are, and some look much older. Sometimes, the easiest way to beat a DUI child endangerment offense is to simply provide the court with a copy of the minor’s birth certificate.

Navigating Mississippi’s Youth Court System

Published on: November 21, 2023 | by Vic Carmody Jr., P.A.

Youth Court is a specialized court system in Mississippi that deals with cases involving children and teenagers. The Youth Court system is made up of judges, prosecutors, defense attorneys, probation officers, and social workers who all work together to provide services to juveniles who have been referred to the court. In Mississippi, there are two types of Youth Court cases: delinquency cases and child protection cases.

Delinquency

Delinquency cases involve juveniles who have committed a delinquent act or a status offense. Delinquent acts are activities that would be considered a crime if they were committed by an adult. This could include things like theft, burglary, drug offenses, assault, and vandalism. In these cases, the juvenile is accused of breaking the law and is charged with a delinquent act. Status offenses are things that would not be considered a crime if committed by an adult. The most common status offenses are truancy (skipping school), underage drinking, and running away from home, but this also includes things like “disturbing the family peace” and breaking curfew.

When Should I Call CPS?

Published on: February 24, 2023 | by Vic Carmody Jr., P.A.

Every state has a social services department that is responsible for investigating child abuse and neglect. In Mississippi and many other states, this agency is called Child Protection Services or Child Protective Services (CPS), but other states might call it the Department of Children and Family Services (DCFS) or something similar. Some groups of people, like teachers and nurses, are mandatory reporters of child abuse and neglect. But anyone can report child abuse and neglect by calling CPS.

It can be hard to know when you should call CPS. Fear of interfering in someone else’s life or making a false accusation makes some people hesitant to call CPS. But think about what is at stake: a child’s physical safety, and maybe even their life. The most important advice is to follow your gut instinct. If you think something should be reported to CPS, it probably should be.

What Types of Things Should Be Reported to CPS?