Mississippi Child Custody
Title 93 in the Mississippi Code contains the laws about domestic relations. In this category, parents can find the information about child custody matters. Here is a highlight about the custody laws.
Court has authority in custody matters. Chapter 5 of Title 93 gives authority to the court to make decisions about care, custody, and maintenance of the children after the parents divorce or separate. This means that a Mississippi parenting plan must be accepted by the court to become a valid document. In order for the court to approve a schedule, it must be made with the child’s best interest as the focus.
Types of custody awarded.
The state of Mississippi awards four different types of custody. The parents can share legal and physical custody, one parent can have physical custody and the parents share legal custody, one parent can have legal custody and the parents share physical custody, and one parent can be given legal and physical custody. The type of custody the parents are awarded will be based on what best fulfills the child’s needs. The Mississippi custody schedule must reflect the type of custody, and there must also be adequate visitation provided if one parent is the custodial parent.
The mother and father have a say in what type of custody is granted. Chapter 5 specifies that the parents may need to submit a parenting plan with the court that outlines how they want custody arranged. If the parents both submit a joint Mississippi custody agreement, they can submit a plan together. If the mother and father differ as to what they want, each parent should submit a plan that details what they want and they should be prepared to explain how the child will benefit from the plan.
Grandparent visitation rights. Chapter 16 in Title 93 contains a statute about grandparents’ visitation rights. A grandparent in Mississippi can be given the right to have visitation with the grandchildren afer the parents separate or divorce. This usually happens with a grandparent who has been a big part of the child’s life. A grandparent can petition at the court to be given visitation. If it is granted, the Mississippi visitation schedule must be made to accommodate this situation.