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It is highly doubtful that she would be successful in her petition. The Court decides on custody based on the rule of thumb of "best interest of the child
." This includes, but is not limited to, general stability of the guardian, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.
In Mississippi, the following factors are considered especially important:
Age of the child
Health of the child
Sex of the child
Which parent has had the continuity of care prior to the separation
Which parent has the best parenting skills to provide primary child care
Which parent has the willingness and capacity to provide primary child care
The employment of the parent and responsibilities of that employment
The physical and mental health of the parents
The age of the parents
The emotional ties of parent and child
The moral fitness of the parents
The home, school and community record of the child
The preference of the child at the age sufficient to express a preference by law
The stability of home environment of each parent
Albright v. Albright, 437 So.2d 1003 (Miss. 1983).If they have little income and admit to drugs, then the Court will be very unlikely to hand over custody, especially if you have had her for 14 months already. One thing you should do is ask the Court to test them for drugs in a pre-trial motion to give you even more solid evidence.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.
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