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Section 93-20-203 – Notice of hearing for appointment of guardian for minor

May 13, 2021 | Family Law, Mississippi

(1) If a petition is filed under Section 93-20-202, the court must set a date, time and place for a hearing, and the petitioner must cause summons to be issued and served not less than seven (7) days before the hearing, together with a copy of the petition, on each of the following who is not the petitioner:

(a) The minor, if the minor will be fourteen (14) years of age or older at the time of the hearing;
(b) Each parent of the minor who can be found with reasonable diligence or, if there is none, the adult nearest in kinship who can be found with reasonable diligence; and

(c) Each individual who had primary care or custody of the minor for at least sixty (60) days during the six (6) months immediately before the filing of the petition .

(2) For any other person the court determines should know of the proceedings, notice must be provided under Rule 5 of the Mississippi Rules of Civil Procedure.
(3) A petition under this article must state the name and address of an attorney representing the petitioner, if any, and must set forth under the style of the case and before the body of the petition the following language in bold or highlighted type:

“THE RELIEF SOUGHT HEREIN MAY AFFECT YOUR LEGAL RIGHTS. YOU HAVE A RIGHT TO NOTICE OF ANY HEARING ON THIS PETITION, TO ATTEND ANY SUCH HEARING, AND TO BE REPRESENTED BY AN ATTORNEY.”

(4) If a petitioner is unable to serve summons under subsection (1)(a), the court may appoint a guardian ad litem for the minor for the purpose of receiving summons.

Miss. Code § 93-20-203

Amended by Laws, 2020, ch. TBD, SB 2874,§ 12, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.