Child custody determinations stemming from divorce cases in Mississippi are ultimately decided by the presiding judge in the case. The judge will seek to protect the best interests of the child. Under Mississippi law, the best interests of the child are presumed to include having the child maintain sufficient contact with each parent that facilitates the development of a close parent-child relationship. However, if one of the parents has exhibited violence within the family, either in a one-time incident or repeatedly, the judge will likely restrict or forbid contact between that parent and the child.
Custody arrangements in the best interest of the child
Mississippi courts consider several factors in determining the custody arrangement that is in the best interest of the child. Many of these factors are based on the emotional and developmental needs of the child, and include:
- The moral character of each parent
- The depth of the emotional connection between parent and child
- The ability, skill, and desire of each parent to care for the child
- The status and stability of each parent’s home environment and employment situation
- The physical and mental health of each parent
- The preference of the child (if at least 12 years old)
- The wishes of each parent
Courts in Mississippi lean toward sustaining existing parenting arrangements that are presently working. In any new child custody case, a judge will evaluate which parent has been responsible for and has handled child care prior to the separation. Also, with any possible arrangement, the judge will take into account any adjustments the child will need to make regarding school, home, and within the community.
Judges may assign whatever factors they deem relevant with higher importance and those factors may determine the judge’s final decision in the end.
Types of custody and visitation arrangements
Various child custody arrangements are possible under Mississippi law. Physical custody is the time period allowed for the child to live with or under the supervision and care of one of the parents. Legal custody is the legal authority of the parent to be involved in major decisions pertaining to the child’s education, health, or overall welfare. Joint physical custody gives each parent time with the child. That time does not have to be equally divided between the parents as long as a significant amount of time is allotted to each parent.
If each parent requests custody, a court in Mississippi will most often consider this request (for joint custody) to be in the best interests of the child. If the parents do not agree on a custody arrangement, or if there are other factors opposed to the child’s best interests that militate against granting joint custody, the court may only award sole custody to one parent or some combination of joint physical and joint legal custody. When parents live relatively close to each other and they cooperate reasonably well, courts generally favor granting joint custody requests.
When one of the parents is granted primary or sole physical custody, courts usually deem it in the best interest of the child to have sufficient time with the other parent. This is beneficial to allow for the child and that parent to develop a close relationship. A judge will grant visitation rights to the other parent and only restrict those rights in circumstances involving a risk to the child’s welfare due to the parent’s behavior.
At Taylor Jones Taylor, we offer our services to families with child custody issues throughout the state of Mississippi, including in Southaven, Olive Branch, and Hernando. Our experienced attorneys can help you obtain the custody arrangement that serves the best interests of your child, protecting his or her rights in the process. To set up a consultation to discuss your family’s situation, call us today at 662.253.5193 or fill out our contact form.
Benjamin L. Taylor is a lifelong resident of DeSoto County and has distinguished himself in the area of products liability and personal injury law. He has a reputation as a fierce advocate for his clients and has obtained millions of dollars in verdicts and settlements over his career. He has been listed in the publication Super Lawyers of the Mid-South in the area of product liability. To learn more about Mr. Taylor, please refer to his biography page.
