Mississippi Code

Miss. Code Ann. § 93-19-3 (2026)

Application; defendants

✓ current as of July 2026

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The application therefor shall be made in writing by the minor by his next friend, and it shall state the age of such minor and join as defendants his parent or parents then living, or, if neither be living, two of his adult kin within the third degree, computed according to the civil law, and the reasons on which the removal of disability is sought; and, when such petition shall be filed, the clerk shall issue process as in other suits to make such person or persons parties defendants, which shall be executed and returned as in other cases, and shall make publication for nonresident defendants as required by law, and any person so made a party, or any other relative or friend of the minor, may appear and resist the application.

In cases where a minor 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 minor has been by decree of court awarded to one of the natural parents to the exclusion of the other, it shall be sufficient herein to join as defendant only the parent to whom the custody and control has been awarded.

Codes, 1880, § 1839; 1892, § 494; 1906, § 544; Hemingway's 1917, § 301; 1930, § 354; 1942, § 1265; Laws, 1924, ch. 158; Laws, 1940, ch. 236; Laws, 1946, ch. 196, § 1.

Notes of Decisions

Cited in 3 cases, 1988–2007 · leading case: Mississippi State Bar Ass'n v. Moyo, 525 So. 2d 1289 (Miss. 1988).

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Mississippi State Bar Ass'n v. Moyo, 525 So. 2d 1289 (Miss. 1988). · cites it 4× “Miss. Code Ann. § 93-19-3 (1972). The proceeding may be ex parte if both parents unite with the minor and his next friend in the petition.”

Mississippi Ethics Comm'n v. Grisham, 957 So. 2d 997 (Miss. 2007). · cites it 2× “”); Miss.Code Ann. § 93-19-3 ("two of his adult kin within the third degree, computed according to the civil law.”

Mississippi Ethics Comm'n v. Dennis C. Grisham (Miss. 2006). · cites it 2× “”); Miss. Code Ann. § 93-19-3 (“two of his adult kin within the third degree, computed according to the civil law .”

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