My jurisdiction is: Mississippi
My husbands son is currently 12 years old. His mother and my husband share legal joint custody. my husband also has two other younger children who also reside with my 12 year old step son. Their mother has physical custody of them while my husband has 3 weekends out of each month of visitation with them. My step son has requested to live with my husband and I. We have already hired a lawyer and my step son has already signed an affidavit of preference to live with my husband and I. We have also gotten the papers for modification. The mother is trying to force my 12 year old step son in signing an affidavit of preference to live with her. The mother is very manipulative and has a history of mistreating the children. We live in Mississippi and it is very hard to prove a mother unfit in this state. My 12 year old son is afraid that if he doesn't sign an affidavit of preference for her that she will hurt him. My first question about this is if he signs an affidavit for both will that hurt his chances of moving home with his father, and what are the chances of my husband getting all three kids? Is there anything we can do to counteract whatever she may attempt to do?
My husbands son is currently 12 years old. His mother and my husband share legal joint custody. my husband also has two other younger children who also reside with my 12 year old step son. Their mother has physical custody of them while my husband has 3 weekends out of each month of visitation with them. My step son has requested to live with my husband and I. We have already hired a lawyer and my step son has already signed an affidavit of preference to live with my husband and I. We have also gotten the papers for modification. The mother is trying to force my 12 year old step son in signing an affidavit of preference to live with her. The mother is very manipulative and has a history of mistreating the children. We live in Mississippi and it is very hard to prove a mother unfit in this state. My 12 year old son is afraid that if he doesn't sign an affidavit of preference for her that she will hurt him. My first question about this is if he signs an affidavit for both will that hurt his chances of moving home with his father, and what are the chances of my husband getting all three kids? Is there anything we can do to counteract whatever she may attempt to do?