Alienation Of Affection Mississippi With Child
Description
How to fill out Mississippi Complaint For Alienation Of Affections?
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FAQ
Few people are ever successful in winning alienation of affection claims because of the elements that are required for a successful case. However, there are a few people who have been successful in suing their spouse's lover for alienation of affection.
Additionally, the court must evaluate each parent's ability to care for the child, provide food and shelter, physical and mental health, and moral fitness. Although it may seem that an unfaithful spouse is low in moral character, that, in itself, is not enough to convince a court to deny custody.
Mississippi law permits an uncommon fault-based basis for divorce: alienation of affection. Although rarely litigated, this legal claim permits someone presently or formerly married to sue a third party for interfering with the marital relationship.
Infidelity alone is generally not considered to be a determining factor when it comes to custody decisions. However, if the affair had a negative impact on the child or the child's relationship with the parent who had the affair, it may be taken into consideration by the court.
The plaintiff must prove: (1) that the defendant engaged in wrongful conduct; (2) that the plaintiff suffered loss of affection or consortium; and (3) that the defendant's conduct was the cause of the loss. Wrongful conduct may be established through evidence of persuasion, enticement, or inducement by the defendant.