Family Law Questions? Ask a Family Lawyer Online.
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry to hear about your situation. In your case, because you don't drink him because you don't do drugs and because you are lucky to find a place to live for your child, it is likely that the father will not get full legal custody based on that. The court automatically looks for what is going to be in the best interest of the child when it comes to awarding custody. Therefore, they will not care so much that you aren't married in they really won't care so much that you just moved to Mississippi from Memphis, they're going to be looking at whether you have the capacity to make money for the child, provide a reasonably safe environment for the child, and make sure The child is regularly attending school.
Most of the time when people lose custody of their children, particularly mothers, it is because of drug abuse, alcohol abuse, it's because somebody that they are seeing is abusing the child, or hit is because they have an unstable living environment. If those things don't apply, the court is not likely to award the father legal custody just because he wants it. Basically, so long as you aren't hurting the child then full custody won't go over to the father. It is more likely that the court will split custody in this case.
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