Asked in Child Custody for Mississippi

Q: Will I lose costody?

Last August my ex wife and I filed papers to have physical custody of my 15 year old son given to me. He is a troubled teen and that's the reason he came to live with me. She doesn't agree with how I parent him, I work offshore 2 weeks on 2 weeks off and she wants to use this against me . I have a wife at home and his grandparents live next door so my ex thinks he spends too much time with his grandparents. She now wants him back but he doesn't want to live with her. She wants to take it to court. Do I have a chance at fighting her on this?

Related Topics:
1 Lawyer Answer
Arthur Calderon
PREMIUM
Arthur Calderon
Answered
  • Madison, MS
  • Licensed in Mississippi

A: In order to prevail on a custody modification, she will have to prove that there has been a material change in circumstances that negatively impacts the child, which is a particularly high standard. During any litigation involving this, the judge will first determine whether that standard has been met, and will then look at additional factors to determine whether it is in your son's best interest to transfer custody.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.