Legal Question in Family Law in Mississippi

father want divorce and custody due to unfit mother

My wife and I have 2 sons ages 2 1/2 & 1 1/2, however we did not get married until Feb. 2006. The marriage is not working out because of my wife's willful neglect of our 2 sons. Some examples: I leave for work @ 6:00am, instead of my wife getting our sons up and ready for daycare (keep in mind she only works when she wakes up in time, if she still has a job, which is unknown to me)she stays asleep. The boys wake up and leave our apartment - out side. I have put chains on our doors and asked that she just wake up long enough to chain the doors. She refuses. The boys stay sick because our home is filthy, but I can only do so much. I have to work over 40 hours a week because our checks bounce because my wife needs to shop and get pedicures. She does not take the boys to the doctor. I have to leave work or get my mother to take them. My mother takes them to daycare every day and picks them up. When they are sick at school the school calls my mom not theirs. My wife also insists on screaming at me in front of the boys which has effected their behavior. I have witness' to all of this. I need to know what I would have to offer as proof to obtain custody and a divorce. How easy is it today for the father to get custody?


Asked on 8/24/06, 2:12 pm

1 Answer from Attorneys
Mary Milek Milek Law Firm

Re: father want divorce and custody due to unfit mother

First of all, I commend you for being the kind of father your two boys both need and deserve. Fathers do get custody of children. However, I�m the first to say you will have an uphill battle. In theory, both parents should be on equal ground but we all know that women do have an advantage. You do not have to prove your wife unfit; you do have to prove that you have the willingness and capability to provide for their primary care. Below is web address on my site, it has a list all the factors (known as the Albright factors) the judge will apply to your case. You may have to copy and paste it in your address window.

A big factor in this type of case will be your representation. I urge you to be very selective. Ask lots of questions and make sure you find an attorney believes in your case. Litigation is very expensive, but give the factors you present, just imagine how these two boys will turn out under this woman�s care.

http://www.mileklaw.com/childcustodyfactors.html

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Answered on 8/24/06, 7:43 pm


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