{"id":374345,"date":"2025-03-16T23:00:00","date_gmt":"2025-03-17T04:00:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/mississippi-law\/mississippi-child-custody-laws.html"},"modified":"2025-03-16T23:00:00","modified_gmt":"2025-03-17T04:00:00","slug":"mississippi-child-custody-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/mississippi-law\/mississippi-child-custody-laws.html","title":{"rendered":"Mississippi Child Custody Laws"},"content":{"rendered":"\n
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Mississippi Child Custody Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Mississippi child custody laws involve physical custody, which is where the child lives, and legal custody, which involves decision-making rights regarding the child\u2019s upbringing. Mississippi courts favor joint custody agreements and recognize grandparent visitation rights. Mississippi courts focus on the child’s best interests, considering factors like age, health, parent\u2019s ability to take care of the child, emotional ties, and the child\u2019s preferences. If parents are unable to agree on a custody arrangement, they can seek legal guidance from a family law attorney to help navigate custody disputes effectively.<\/p>\n\n <\/div>\n\n

States like Mississippi have their own child custody laws<\/a>, and many have also adopted the Uniform Child Custody Jurisdiction and Enforcement Act<\/a> (UCCJEA). The UCCJEA is a federal law that requires states to honor and enforce child custody rulings made by courts in other states.<\/p>\r\n

Read on for a brief overview of child custody laws in Mississippi.<\/p>\r\n

Types of Custody in Mississippi<\/b><\/h2>\r\n

In Mississippi, child custody is classified into two main types: physical custody<\/a> and legal custody<\/a>. Physical custody refers to where the child lives. Legal custody is the decision-making rights regarding the child’s upbringing, including education, medical care, and religious instruction. Both types can be awarded as joint or sole custody. Joint physical custody allows the child to spend significant time with both parents. Sole physical custody means the child lives primarily with one parent, and the other becomes the non-custodial parent. Joint legal custody means both parents share decision-making rights, while sole legal custody grants one parent exclusive authority over these decisions. Sole custody can encompass both sole physical custody and sole legal custody, meaning one parent has both the primary residence and the exclusive decision-making rights regarding the custody of the child.<\/p>\r\n

The courts determine custody based on the best interests of the child, considering factors such as the child’s age, health, emotional ties to each parent, parenting skills, and whether this is a history of family violence or substance abuse. If a court finds a parent should not have custody, it may instead give a visitation order establishing a visitation schedule. In some cases, courts also may require one or both parents to attend parenting classes.<\/p>\r\n

Child Custody Statutes in Mississippi: At a Glance<\/b><\/h2>\r\n

Mississippi’s child custody laws are listed in the table below. You can check out FindLaw’s extensive Child Custody<\/a> section for more articles and resources.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

\u00a7 93-5-24 et seq.<\/a> of the Mississippi Code<\/p>\r\n<\/td>\r\n<\/tr>

Year Uniform Child Custody Jurisdiction and Enforcement Act Adopted<\/p>\r\n<\/th>\r\n

2004<\/p>\r\n<\/td>\r\n<\/tr>

Joint Custody an Option?<\/p>\r\n<\/th>\r\n

Yes, \u00a7 93-5-24<\/a> (joint custody is the rebuttable presumption in the best interests of the child)<\/p>\r\n<\/td>\r\n<\/tr>

Grandparent Visitation Rights Recognized?<\/p>\r\n<\/th>\r\n

Yes, \u00a7 93-16-1 et seq.<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Child’s Own Wishes Considered?<\/p>\r\n<\/th>\r\n

Yes<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Mississippi Custody Hearings<\/b><\/h2>\r\n

In some cases, parents are able to come to their own custody agreement, and family courts will normally honor those agreements. If parents cannot agree, a court may have to decide on any contested custody issues in a custody hearing. As noted above, the primary concern for any court in creating a custody arrangement is the child’s best interests.<\/a> Chancery courts in Mississippi are generally able to consider any factor that could be relevant to the child’s best interests, safety, and well-being when making custody decisions.<\/p>\r\n

Most "best interests" factors tend to focus on the child, such as the interest in maintaining consistency and continuity in their family life, community, and education. Additional factors may focus on the parents, such as their moral fitness, mental health, and ability to provide a stable home environment. The court also considers the child’s health and whether there has been any history of domestic violence. In a child custody case, the court issues a custody order that legally defines the custody arrangement, protecting the parental rights of each parent while prioritizing the well-being of the child. Courts will change custody agreements if a parent experiences a material change in circumstances.<\/p>\r\n

Get Legal Help with Child Custody<\/b><\/h2>\r\n

Sorting out the emotional and legal issues of child custody can be difficult. You should consult with a Mississippi family law attorney<\/a> if you would like legal advice regarding a child custody matter. A family law attorney who specializes in child custody can help you navigate the complexities of your custody case, advocate for your parental rights and parenting time, and work towards a custody order that serves the best interests of your child.<\/p>\r\n

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