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2018 Mississippi Code
Title 93 - Domestic Relations
Chapter 13 - Guardians and Conservators
Joinder of Parties in Suits Involving Wards
§ 93-13-281. Joinder of parties in suits involving wards.
Universal Citation: MS Code § 93-13-281 (2018)
- In all proceedings involving a ward and brought under Chapter 13, Title 93, Mississippi Code of 1972, except as hereinafter provided, the proceedings shall join as defendants the parents or parent of the ward then living, or if neither be living, two of his adult kin within the third degree computed according to the civil law. When such petition shall be filed, the clerk shall issue process as in other suits to make such person or persons parties defendants, which process shall be executed and returned as in other cases. The clerk shall make publication for nonresident defendants as required by law. Any person so made a party, or any other relative or friend of the ward, may appear and resist the application.
- In cases where a ward has been adopted by decree of court, the adoptive parent or parents, or the next of kin of the adoptive parent or parents, as the case may be, shall be joined as defendants in lieu of the natural parents or the next of kin of the natural parents, as herein provided. Where the custody and control of a ward has been by decree of court awarded to one of the natural parents, it shall be sufficient herein to join as defendant only the parent to whom the custody and control has been awarded.
- In case there be no adult relations within said third degree, the court may, in its discretion, designate a guardian ad litem who shall be required to answer the said petition for and on behalf of said ward within a time fixed by the court.
- Process need not be served hereunder, however, if the parent or parents then living, or if they both be not living if any two (2) of his adult kin within the third degree computed according to the civil law, shall unite with the guardian in his petition. If the ward has no parent then living and no kindred within the prescribed degree whose place of residence is known to him or his next friend, it shall not be necessary to make any person defendant thereto.
- In cases where a ward has been adopted by decree of court, the adoptive parent or parents, or the next of kin of the adoptive parent or parents, as the case may be, may unite with the guardian in his petition in lieu of the natural parents as herein provided. Where the custody and control of a ward has been by decree of court awarded to one of the natural parents or adopted parents, as the case may be, to the exclusion of the other, it shall be sufficient herein for only the parent to whom the custody and control has been awarded to unite with the guardian in his petition as herein provided.
- Provided, however, in all proceedings involving a ward who is married, in lieu of the foregoing provisions, there may be joined as defendants the spouse of the ward and one (1) other adult kin within the third degree computed according to the civil law if the spouse is at least twenty-one (21) years of age or the spouse and two (2) adult kin within the third degree computed according to the civil law if the spouse is not at least twenty-one (21) years of age or the said spouse and kin may unite with the ward in his petition.
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