Little Rock, MS asked in Child Custody, Child Support, Domestic Violence and Family Law for Mississippi

Q: No matter the situation when filing child support will the woman always win if the man was abusive in the relationship?

The man was physically and mentally abusive. Will the woman win full custody for this reason no matter what.

1 Lawyer Answer
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
  • Divorce Lawyer
  • Olive Branch, MS
  • Licensed in Mississippi

A: One of the factors that the court will take into consideration is whether violence has been perpetrated by either party during the relationship, especially if children were present at the time. Our case law and statutes are clear that the party who is found to have been violent during the relationship, especially while the children were present, is disqualified from having custody of the children in the event of a separation and subsequent custody battle. However, it can never be said that a given result will ALWAYS happen with a certain set of facts. Several factors are considered and weighed under the totality of the circumstances by the Court when deciding a custody matter the best interest of the minor child being paramount.

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