Legal Question in Family Law in Mississippi

There are several factors to be considered by the Court when determining custody. The work environment, and the requirements of the employment of each parent is but one of those factors. Other factors are as follows: Age, health and sex of child:

Continuity of care prior to the separation: Best parenting skills:. Willingness and capacity to provide for child: Employment of the parents and responsibilities of employment:. Emotional ties of the parent/child: neutral. Moral fitness of each parent;. Home, school, and community record of the child: Stability of home environment; Skills of Parenting and the parent/child relationship; and the preference of the child if the child is old enough to express a parent that the child prefers to live with. In regard to the last factor listed the child must be 12 years of age in order to be able to express a preference which is "binding" (although no preference is binding on the court, the court must examine that preference with sincerity and give it a good deal of weight unless other factors outweigh the expressed preference.

Having those factors in mind, the criteria for determination of custody would be controlled by the examination of all factors and "earning power' really does not "control" as a factor with respect to custody decisions by the Court.