Legal Question in Family Law in Mississippi
how to get my daughter back
In our temporary herring my husband got custody of my 4 yr old girl, now i am fighting for custody for her at trial. In the state of MS does a mother have to be proven unfit to have her child taken away? If so, what do they have to do to prove me unfit? Does a mother have her children taken away usually if she is not been proven unfit?
1 Answer from Attorneys
Re: how to get my daughter back
In Mississippi, the standard is not "unfitness" and you should not automatically get the children just because you're the mother. Both the mother and father have equal standing and the court must rule "in the best interests of the child." That's the standard. If you want to win custody, you must demonstrate to the court that the best interests of the child rest with you having custody. ALL potential factors (home, community, transportation, money, education, etc., etc.) come into play in this decision.
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