Hattiesburg Child Custody Lawyer

Hattiesburg Child Custody Attorney

A custody battle can be an extremely trying time in your life, and it can take an emotional toll on both the parents and children. A Hattiesburg, MS, child custody lawyer can keep the legal disputes cordial and ensure the case is handled with care.

When opening a custody case, it is important to consider how this decision will affect your children and what will benefit them the most. Wading through the difficult decisions of a custody battle can be strenuous for both parents. However, a compassionate child custody lawyer can keep your emotions in mind and guide you through each step of the legal process.

Discussions surrounding divorce, custody, and possession of assets can be heated, but with a skilled family law attorney, spouses may be able to reach an amicable decision. If the couple has parted ways on good terms, they may be able to agree on a parenting plan themselves. Even if parents disagree, attorneys can often help them come to an agreement through negotiation or mediation. In other cases, an attorney will fight for a parent’s right to their child in court.

Gather Your Evidence

In a custody battle, evidence held in your favor and opposing your spouse is crucial to argue your case. If your spouse was negligent in any way to your children, you will want concrete evidence of this and examples to present in court.

You should have witnesses who have seen your relationship with your child, whether this be a family friend, relative, or teacher. Accumulate testimonies of your fitness as a parent so you may use this evidence to support your case. It is imperative that you are able to prove your mental, physical, and financial capabilities.

Determining Child Custody

The judge will evaluate both parents to better understand how child custody should be awarded, but the primary deciding factor is the best interests of the child. Divorce and child custody are extremely personal matters, and the judge will ask personal questions that delve into your relationship with your children.

To create a custody arrangement that is in the child’s best interests, judges may consider the emotional ties between parents and children, as well as the parents’ abilities and willingness to care for their children, among other factors. Joint custody may be awarded, meaning both parents will have custody of their children. In other cases, sole custody could be possible.

Consider how your partner’s behavior negatively or positively impacted your children. If they were unreliable or unsafe during your relationship, the judge will want to hear concrete examples of their behavior to determine the safety of the child. Parents can make mistakes, but there is a clear line between running late to pick your child up from school and exhibiting dangerous or abusive behavior.

Parenting Plans

A parenting plan can help your child acclimate to this difficult time in their lives and allow them to adjust to the separation. Consider sharing schedules and being open-minded to co-parenting so your child can continue to thrive. Clarify your expectations of each other and set clear boundaries. A parenting plan will also define where your child will live and who will be present in the home during this time.

Physical vs. Legal Custody

Custody does not only refer to where the child lives but also to which parent or parents can make decisions about their child’s upbringing. Physical custody pertains to which parent the child lives with and who cares for them, while legal custody pertains to decision-making rights. It is possible for a parent who has one type of custody to not have the other.

FAQs

Who Wins Most Child Custody Cases?

There is no one answer to who wins most custody cases because each situation is vastly different. The awarding of custody primarily revolves around the parents’ ability to be a safe place for their child, financially and emotionally. The judge will consider both parents and their ability to care for multiple children. If either parent has been convicted of crimes, this can significantly influence the case. Providing examples of routine, health, and stability are all essential for obtaining custody.

Is Mississippi a 50/50 State?

Mississippi is not a 50/50 custody state. Neither parent is entitled to a 50/50 split, and the divide is based on what will benefit the child. If the parents are unmarried, custody is immediately awarded to the mother unless the father fights for custody. In this case, the father would have to establish paternity to receive custody.

What Constitutes an Unfit Parent in Mississippi?

In Mississippi, an unfit parent is one who cannot tend to a child’s physical, emotional, and financial well-being. They won’t be able to provide a safe environment for their child, or they may suffer from a condition that prevents them from parenting well. Verbal and physical abuse toward a child may result in a failure to obtain custody. If a parent has struggled with substance abuse or has neglected their child’s needs under the influence of drugs, this is also unfit parenting.

How Is Child Custody Determined in Mississippi?

Child custody is determined by the fitness and capability of the parents who are able to provide for their child. Custody is determined based on what will benefit the child most, and the court will always put the child’s needs first.

What if I Am Not Awarded Custody?

In Hattiesburg, if you are not awarded custody, you may receive visitation with your child. Your visits could be supervised by a trusted relative or agency professional if the court considers you unable to safely spend time with their child. Reasons for supervised visitation could include a history of violence, substance abuse, or negligent parenting.

Contact the Experienced Forrest County Family Law Team at Berry Law Firm

Fighting for custody can be a difficult time in your life, and sifting through legal matters is a heavy task. If you are facing a custody battle, do not hesitate to call the team at Berry Law Firm so we may assist you during this time.