Custody and adultery

**mommy8** · 12-14-2006, 04:20 PM

Does committing adultery in MS affect your chances of getting primary or sole custody of the children. Father has a serious medical condition that requires a strict diet and medication, he takes the medicine but continues to drink even though he was told not to. He is verbally abusive and controlling and spends very little time with the children.

**Mr. Knowitall** · 12-16-2006, 08:51 AM

It probably won't affect the custody petition.

**Lawmoe** · 12-17-2006, 01:41 PM

Even in states that have a "fault based" divorce system, the fault in this case, adultery, generally only serves to reduce or eliminate waiting periods before a divorce can be granted. In some states it may also impact awards of spousal support. It has very little impact on custody except as to how the conduct may impact the best interests of the children.

**mommy8** · 12-20-2006, 08:11 PM

Thank you all.
I was also wondering, I have been in MI on and off for the last eight months and will be here most of 2007. Would it serve me better to gain residency here in MI and file for divorce in MI if I want to eventually live and work here and have my kids here with me?

**Mr. Knowitall** · 12-20-2006, 08:13 PM

If you can spend six months as a resident of Michigan before you file for divorce, and the kids are with you, you should be able to get the custody issues resolved in a Michigan court. If you litigate in Mississippi you run the risk that he will ask the court to deny permission for you to move the children to another state, or having further litigation occur in Mississippi while you're living in Michigan.

**mommy8** · 12-21-2006, 06:20 AM

Yes, he thinks I am going to be in Michigan just to help out my family's business for 6 months. If I get a Michigan lisence and have my mail changed to this address in MI, does that establish MI residency? Also, would I have a better chance at custody if I file in MI? To fight it, would he have to get a MI lawyer and be present?

**Mr. Knowitall** · 12-21-2006, 07:56 AM

You establish permanent residence by becoming a permanent resident. You move to Michigan and live in Michigan.

**mommy8** · 12-21-2006, 10:28 AM

Currently I have been living at my parents house in MI (with my children). I have been here since April, I only came home breifly in June and in September. I am going back to Mississippi for a few weeks and then back up to Michigan. If I get my address changed to my parents where I am staying, and get my MI lisence, is that becoming a permanant resident?