Legal Question in Family Law in Mississippi

Change of jurisdiction and modification of custody
My wife requested a divorce when she was 3 months pregnant. We had been married 8 months and had never even lived together because we were stationed at different military bases. My son was born and we got a divorce. I got remarried a year later and had another child. My ex sent my son to live with her parents in another state for 8 months until the court made her bring him back but no custody change. During that time I was incarcerated. The next 4 months I had him 2 1/2. She then went on VOLUNTARY deployment to Japan and had to stay an extra 6 months because of the war (she was still in Japan and not even close to the war). She e-mailed about 5 times a month but my son has a language delay and doesn't understand. She has called him twice in 13 months, no birthday or Christmas presents either. I moved my family to MS 7 1/2 months ago (she was informed and consentual) and had two new children. She has had him about 40 days in the past 25 months. Can I change jurisdiction to MS and change primary custody to me? Can she use the military against me? As in, saying she was serving her country? My wife and I were also in the military for 5 years a piece.
Thank you.

Asked on 7/24/03, 1:01 am

2 Answers from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

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Re: Change of jurisdiction and modification of custody

Under the Uniform Child Custody Jurisdiction Act, it appears that Miss can be the place to initiate a petition for change in custody. One argument would be that the custodial parent has abandoned the child in Mississippi. Other grounds may exist but more information is needed to make a determination. Consult with an attorney.

Answered on 7/24/03, 1:16 am

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