Frequently Asked Questions

Below are some initial questions many clients have when they first contact Jay Foster Law. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

Divorce & Family Law

• Q: If I am getting a divorce in Mississippi, how does the Judge determine who gets primary physical custody of the children?
  
  A: Assuming that you are getting a contested divorce in Mississippi (in other words, you and your spouse do not agree) then a number of different factors are used by the Judge to determine who gets the children.  These factors include, but are not limited to, the following: age of the child, health and sex of the child, which parent had continuing care of the child prior to the separation, which parent has the best parenting skills, which parent has the willingness and capacity to provide primary child care, employment responsibilities of the parents, physical and mental health and age of the parents, emotion ties of parent and child, moral fitness of parents, home, school, and community record of the child, preference of the child at an age sufficient by law to express such a preference, stability of the home environment and employment of each parent.
  
  As we can see, in Mississippi, determining who gets primary physical custody of the children in a divorce is very complicated.  While we no longer handle divorce cases, we can recommend another experienced Mississippi divorce attorney to discuss your situation.