Legal Question in Family Law in Mississippi

Re: Divorce and child custody

Yes, providing you meet the residency requirements for MS you can seek a divorce in trhe state that you currently reside. Your husband may bring up anything in the custody battle. Whether it is relevant or not is for the trier of fact to determine. The two issues that you mentioned in your report, curfew and truancy shouldn't carry much weight in any custody determination. Substance abuse, mental illness, assaultive behavior, abuse or neglect to child and ability to care for child will be deciding factors in the custody battle. Remember the Friend of the Court and the judge are going to base their recomendation and decision on what is in the best interests of the chils. You should get in contact with a local attorney to explore your options fully. If you are unable to afford to retain an attorney contact legal aid and if you qualify they might be able to assign an attorney to represent you. If you are the victim of domestic violence or threats of violence your local women's shelter might be able to assist you in locating an attorney or providing you with counseling. Good luck.