Legal Question in Family Law in Mississippi
Changing from joint legal custody to sole legal custody
I just divorced, received sole physical custody and agreed to joint legal custody. But, the father (who has never been a part to any decisions by his choice prior to) is starting to try to stop whatever I do with the children...eg. Both of my sons are in a summer mental health program that teaches proper behaviorable practices (oldest has been in mental health since he was 4 and now the youngest is picking up his habits and is in need of this as well) anyway, the father feels this program is interrupting his summer visitation and has made the comment that he will sign them out of the program. I am and always have been the sole caretaker of these children, and have always made the decisions on these matters and I want to know what I can do to keep it that way. I don't want their father to take them out of things that I feel are in their best intrest. Please advise me as to what to do and the proper channels to go about doing this.
1 Answer from Attorneys
Re: Changing from joint legal custody to sole legal custody
You must have a material and substantial change of circumstances to justify a change in custody. What you described does not justify a change. It's in the best interest of your children to also have their father be a part of their lives as much as possible. Get advice from your children's mental health providers and share it with the father of your children. Try to find a win/win instead of a win/lose solution. If there is no way for the children to attend the school this summer and have visitation with their father, it may be more important in the long run and urgent at this time to encourage the father to be with his children than to have them attend the school this summer.
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