Legal Question in Family Law in Mississippi
How to remove a child from his mother's custody
My 14 y/o son has been terribly depressed lately. He says it's b/c of his mother and her newest live-in boyfriend's fighting all the time. He has been staying anywhere he can just so he doesn't have to be home. According to my son, his mother has had to get the police to remove the boyfriend on several occasions due to violence between the two. She is physically abusive as is he, this abuse is between the two of them and hasn't involed abuse of my son. She is currently divorced for the 3rd time and this is live-in boyfriend number 2 within the past year. My son is ready to move to my home, however his mother isn't going to cooperate nicely. She doesn't want my son, only my child support. She never attends anything he participates in even when she promises him. She drinks quite a bit. My son is not able to attend JROTC after school b/c he has to get his baby sister off of the bus. The baby sister is from husband #3 and is 6 years old. What steps do I need to take to have my son removed from her home immediately? She lives in Louisiana I in MS. The divorce and custody took place in MS. I am currently married for 6 years to a woman who loves my children as if they were her own. We have a stable life together.
1 Answer from Attorneys
Re: How to remove a child from his mother's custody
The Uniform Child Custody Jurisdiction Act makes the child's home the last place he lived for the most recent six months which is Louisanna in your case. Under the Act, all questions involving change in custody have to be heard in the child's home state unless the parties consent to a more convenient forum. Therefore, you need to seek the help of an attorney in La.
In Miss. a child age 12 or older will be allowed to testify about which parent should have his custody. Frequently, the court will go along with that testimony unless there is persuasive evidence that the best interest of the child require a different arrangement. I suspect La. has a similar law.
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