Child Custody Laws in Mississippi

Child custody laws can vary in every state across the country. It’s important to get to know the Mississippi child custody laws if this is where your custody case will be held. For the most part, Mississippi child custody laws are common with the child custody laws in most other U.S. states. You and your co-parent should become familiar with these laws to help resolve any uncertainties about your custody case.

Types of custody that Mississippi child custody laws allow

Mississippi child custody laws, like those of most other states, recognize two different types of custody, physical and legal. Physical custody has to do with the day-to-day care for the child. Legal custody has to do with the important decision-making responsibilities for the child. These decisions can include issues regarding education, the child’s health, religion, and so on. Sole or joint custody must also be applied to each of these two types. If a co-parent is awarded sole physical or legal custody they will be given full day-to-day care or decision-making responsibilities for the child. If co-parents are awarded joint physical or legal custody they will share these responsibilities. Mississippi family courts and professionals often prefer that joint custody be awarded because it is seen as being in the best interest of the child if both co-parents are cooperating and working together to raise their child. Mississippi child custody laws and courts do not assume that one co-parent is fit to have custody of the child over the other. Only after having observed the co-parents in court and applied the Mississippi child custody laws will a judge make a clear determination of how custody will be awarded.

How do Mississippi child custody laws and courts determine custody?

Mississippi child custody laws and courts urge co-parents who are seeking custody of their child to submit a parenting plan to the court for review. This parenting plan should reflect the agreement of both co-parents regarding the details of their custody arrangement. A parenting plan must clearly define each co-parent’s rights and responsibilities concerning the raising of their child. Mississippi child custody laws allow co-parents to be either general or detailed in these parenting plans. If co-parents wish to be more detailed they can choose to address the following issues in their parenting plan.

  • Residential schedule.
  • Holiday and vacation schedule.
  • Information sharing and access.
  • The relocation of either co-parent.
  • Methods for resolving disputes.            

If you and your co-parent cannot come to an agreement on a child custody arrangement the Mississippi child custody laws and courts will determine your child custody arrangement. Mississippi child custody laws and courts always uphold the best interest of the child above all else when determining custody. A number of factors are looked at by the court to help them in determining the best interest of the child. Some of these factors include the following.

  • The ability of each co-parent to care for the child both physically and financially.
  • The mental and physical health of both the co-parents and the child.
  • The strength of the relationship between each co-parent and the child.
  • The preference of the child depending on their age and their maturity level as it is observed by the court.
  • The willingness of each co-parent to encourage and facilitate a continuing and strong relationship between the child and the other co-parent.

This information is not to be used as legal advice. For additional aide and legal information please consult with a Mississippi family law professional. For a list of resources in Mississippi visit our Helpful Links – Mississippi page. The OurFamilyWizard website® is dedicated to providing co-parents with the tools and resources they need to easily manage their custody agreements.