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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.
In Mississippi, when a couple who is not married has a child together, the mother automatically has sole custody of the child. The father can only claim those rights that he asserts. If the childs father would like to have shared custody of the child, he must establish paternity.
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.
Custody actions between natural parents are governed by the best interest of the child standard. In determining the childs best interest, courts are guided by factors set out in Albright v. Albright. In addition, several presumptions are applicable to the parent/parent custody action.
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