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?

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1 Lawyer Answer
Arthur Calderon
PREMIUM
Answered

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.

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