Affidavit of Preference

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athena286

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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?
 
I'm in a situation similar....

I am not a lawyer and I live in Vermont but you may have given me an idea. DO you know if the court will accept your step son's signed paper or will they look at it as you may have pressured him to sign it? I have a 13 yr old that was punched by his dad and other abusive issues, his father use to abuse me and I am having a tough time with the court hearing me that my kids don't want to live with dad because of abuse. It's a fight to the finish kind of thing and no way am I backing down. Stressed yes. I was just curious do you guys have Gaurdian Ad litems in your area? We have them here and they are supposedly attorneys for the kids. That might help you. I am waiting to be appointed one and hopefully they can help my boys. I spoke with a child services woman that is doing nothing for us. My ex can sugar coat things well.....she interviewed him after my son was punched and stated to me that she didn't feel that the boys are in serious danger to visit dad. That is after my youngest told her that they are punched, kicked slapped etc. I am trying to be strong for them because no one seems to listen when it is most important. Good Luck to you.
 
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