Legal Question in Family Law in Mississippi
change of child custody
I got a divorce in Mississippi. My wife has custody of our child who is 10. He wants to come live with me. Do I have to go to Mississippi to get a change of custody or can I go to an court in Arkansas and file for a change of custody. Thank you
2 Answers from Attorneys
Re: change of child custody
Under the Uniform Child Custody Jurisdiction Act and the Parental Kidnaping Prevention Act, you must bring the action in the child's home state. It appears that the home state is Mississippi.
Re: change of child custody
Take this advice with a grain of salt because we are in different jurisdictions. Expect to have to show one or all: it is in the child's best interest to live with you, that the disruption of changing to your custody outweighs the danger/problems to the child staying with mom, your petition to amend is based on facts not known to the court at the time it ruled originally or that there has been a change of circumstances so substantial as to make the existing custody plan unconscionable. That said, aside from _you_ wanting your son to live with you, can you objectively say that he will be better off with you? I say that because there's hardly ever been a child, including my own perfect ones, who didn't get pissed at me and want to live with their father. Some kids get very good at ping pong. However, if you have valid concerns, or if the child truly wants more time with you, I suggest attempting to mediate a modification rather than going to court.