Legal Question in Family Law in Mississippi
Mother has custody, moved out of state left 16 yr old here who has custody now?
I'm 16 and live in the state of MS. I've lived with my father for 1yr and 3 months even though my mother has custody of me. She move to TN in August of 2001 and I remained here. It's never gone to court for custody change. Does she still have custody of me or does my father?
2 Answers from Attorneys
Re: Mother has custody, moved out of state left 16 yr old here who has custody n
On 1/19/02 I received your msg posted 1/18/02. This response is not confidential and is based solely on the facts presented in your email. Also, it is not based on any supporting examination of the law. Instead, this response is based on my general experience, and resulting opinions. No attorney-client relationship is formed by this response.
Your dad has informal paramount custody. Your mother has formal paramount custody. They probably share legal custody.
Re: Mother has custody, moved out of state left 16 yr old here who has custody n
Ultimately, legal custody would fall back on the original order. So, to answer your question. It's ok to stay with your dad, as long as your mom is ok with it. However, if your mom decides you need to move to TN....pack your bags. In case this arrises, your dad can counter with a modification petition to the court requesting the court give him custody.
As a side note, I would like to commend you on taking the initiative to getting answers to your questions. Let me know if I may be of additional service.
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