Child Custody in Mississippi

State-specific overview · Family Law

Quick summary

Mississippi courts award custody based on the best interests of the child with no presumption favoring either parent.

How Mississippi treats Child Custody

Mississippi law does not favor one parent over the other and requires courts to consider numerous factors including the age and health of the child, the stability of each home, and each parent's involvement in the child's life. The state recognizes both sole and joint custody arrangements. Courts may modify custody orders if there is a substantial and material change in circumstances affecting the child's welfare.

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The general definition of Child Custody

A court's decision about which parent has the right to care for and make decisions for a child.

Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Mississippi.