Mississippi Child's Preference
Understanding this form
The Child's Preference form is a legal document used in divorce proceedings that allows a minor child to express their desire to reside with a parent of their choice. This form is significant because it captures the child's wishes, which may be taken into account by the court, distinguishing it from other custody-related forms that do not prioritize the child's preference directly.
Key components of this form
- Statement of the child's age and relationship to the parents.
- Declaration of the child’s preference to reside with a specific parent.
- Affirmation of the understanding of the implications of the request.
- Signature of the child and a notary public for validation.
Common use cases
This form should be used during divorce proceedings when the parents are unable to agree on custody arrangements. It is particularly relevant when the child is of an age and maturity level where their preferences are deemed valid and should be communicated to the court. It may be used to support a custody modification if there is an existing custody agreement.
Intended users of this form
Individuals who should consider using this form include:
- Divorcing parents involved in custody disputes.
- Children aged 12 and older who have the competency to make their desires known.
- Guardians or legal representatives acting on behalf of the child.
Steps to complete this form
- Identify the parties involved by entering the names of the plaintiff and defendant.
- Specify the child’s age and relationship to both parents.
- Clearly state the child’s preference for living with one parent over the other.
- Sign the form in front of a notary public to validate the document.
- Ensure all signatures are completed and dates are filled in accurately.
Notarization requirements for this form
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
Mistakes to watch out for
- Failing to provide accurate age and relationship details of the child.
- Not obtaining the necessary notarization.
- Leaving any sections incomplete or wrongly filled out.
- Not providing clear statements regarding the child's preferences.
Why use this form online
- Convenience of downloading the form at any time from anywhere.
- Editability allows for adjustments before submission.
- Security of using reliable templates drafted by licensed attorneys.
Form popularity
FAQ
The child's stated custodial preference can be understood primarily to be a psychological statement by the child of how he or she has resolved (or failed to resolve) the inevitable loyalty conflict that divorce and separation creates.The child and his parents must be evaluated both alone and together.
Each parent can receive joint legal and physical custody. Both parents might receive joint legal custody, but one parent will have physical custody. Both parents might receive joint physical custody, but one parent will have legal custody. One parent could be given both legal and physical custody.
In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
When can my child decide which parent to live with? A child never has an automatic right to choose which parent to live with; however, a child that is age 12 or older will have the right to state a preference that will be considered as part of the Albright best interest of the child test.
If child is 14 or older, child has the right to choose the custodial parent. If the child is 14 or older, child has the right to testify in court regarding the preference of custodial parent. If the child is 14 or older, the judge may consider the wishes of the child.
There is no legal age for a child to refuse to go to the court-ordered visitation while the child remains a minor. In the state of Mississippi, a child remains a minor until the child turns 21. Games with visitation should be AVOIDED because as the...
1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.
