Legal Question in Family Law in Mississippi

shared physical custody

I am getting divorced,I was unfaithful.My husband and I agree 100% we should have equal time shared with the children,we will do a 3/2 split around my job and we will both be active with the children.But he wants actual sole physical/shared legal custody but with the visitation written that they live 50% with me and 50% with him. I am scared he can somehow hurt me later if I do this.My children are 9 and 12.Girl/boy.We met with his lawyer who states MS judges will want one parent to be primary physical cusodian even though we share time and responsibilites 50/50.The lawyer states the judges do not grant shared physical but would allow our liberal visitation.We are trying to keep this out of court but I do not want to loose my children although I honestly feel my husband would not do that.We each love our children very much and they loves us both equally.Thusfar, we have been very amicable about the split.


Asked on 11/12/06, 7:47 pm

1 Answer from Attorneys
Mary Milek Milek Law Firm

Re: shared physical custody

Your husband�s attorney should only give you one piece of advice and that is for you to get your own attorney. His only obligation is to your husband and not to you. I would strongly suggest you find your own counsel to help you along the way. You can still keep it friendly, and I hope you do, but you need someone looking out for your interest.

I am not in the same chancery district that you are in and I don�t personally know any of the Judges in that district, however, I think your husband�s attorney is either full of it or he just does not know what he is talking about. As long as the two of you live close to one another and are in agreement on joint legal and physical custody, I see no reason at all why the judge would not grant it. I would also suggest a provision in the agreement in case one party moves more than x number of miles away.

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Answered on 11/12/06, 10:22 pm


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