In a Mississippi family law case, child custody can be one of the most confusing and worrisome areas. Fathers who want a fair chance at gaining custody might think it is an uphill battle and that mothers are automatically given preference. However, that is not the case.
When the case moves forward, both parents must be cognizant of the factors that are considered when the court decides on custody. This can give them the foundation to present their side and have a reasonable chance of achieving their goal. Of course, the primary objective should always be to serve the child’s best interests.
The maternal preference is no longer in effect
In the past, the courts generally leaned toward giving the mother custody of a child in a family law case. That, however, has changed. Instead of favoring the mother, the courts now look at the totality of the child’s needs, the circumstances and how best to ensure the child is well cared for. Then it decides accordingly.
It will look at the child’s age, their gender, and their health. A younger child might have bonded with the mother during the formative years making it likelier that living with the mother is the better choice, but it is not guaranteed. The parenting skills are considered. If one parent is the primary breadwinner and the other will have more time and give the child more attention, this can benefit them in trying to get custody.
Moral fitness is assessed. There might have been misbehavior by one parent that led to the divorce such as excessive alcohol use, drug use or criminal activities. This could hinder their attempt to gain custody. Part of the child’s best interests are their education and status in the community. A parent who is staying in the family home would mean the child would not need to move to another location and perhaps a different school. Finally, children who are at least 12 can express their preference with where they will live.
Parents should not think their child custody case is predetermined
Parents should not start out in their family law case thinking they will not have a fair chance at custody based on reasons that have nothing to do with the child’s welfare and their ability to provide a nurturing environment. The key is to show evidence as to why they should be given child custody. Having guidance and representation can be beneficial to reaching a successful outcome.