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Can Grandparents Get Custody or Visitation Rights in Mississippi?

Grandfather is playing with little boy

At Gregory D. Keenum, PA, we understand the importance of the bond between grandparents and grandchildren, as it is one of the most precious relationships in life. For nearly 49 years, our law firm has been a trusted resource for families in the community, providing expert guidance through complex and emotional family law matters.

When this vital connection is threatened, it can be devastating. Many grandparents in Mississippi are wondering if they have legal standing to continue their relationship with their grandchildren. The answer is yes, but there are specific conditions set by the law.

The Foundation of Grandparents’ Rights in Mississippi

Mississippi law recognizes the significant role that grandparents can play in a child’s life, while also emphasizing the fundamental right of parents to make decisions regarding the care, custody and control of their child. This includes deciding who the child spends time with. To override this parental authority, a grandparent must meet certain criteria and demonstrate that their involvement is in the best interests of the child.

The primary legal authority for grandparent visitation in Mississippi is Mississippi Code § 93-16-1. This statute outlines the conditions under which a court may allow visitation rights to a grandparent.

Grandparents’ Visitation Rights in Mississippi

Under Mississippi Code § 93-16-3, a grandparent may file a petition for visitation rights with the court if one or more of the following circumstances apply:

  • One or both of the child’s parents have died.
  • The marriage of the parents has been dissolved or they have separated. 
  • The child was born outside of marriage and paternity has been legally established.
  • There has been an established relationship between the grandparent and the child, and the parent of the grandchild has unreasonably refused visitation rights for more than a year.

Best Interest of The Child

Even if one of these situations arises, the court’s primary concern will always be the best interests of the child. A judge will consider several factors, including:

  • The amount of previous contact and emotional bond between the grandchild and the grandparent
  • The grandparent’s role in the child’s upbringing and development
  • The positive impact of continued visitation on the child’s well-being
  • The mental and physical health of all parties involved

If a parent objects to visitation, it is the grandparent’s responsibility to prove that denying the visit would actually be harmful to the child. This can be a significant legal challenge, making experienced legal representation essential.

Seeking Custody as a Grandparent in Mississippi

In more serious situations where a child’s safety and well-being are at risk, grandparents may need to consider seeking custody. Mississippi courts prioritize placing children with their biological parents, but if a parent is determined to be unfit, the grandparents can petition for custody.

To be successful, grandparents need to provide clear and convincing evidence that a child’s parents are unfit due to abuse, neglect, substance abuse, incarceration or abandonment. They must also demonstrate that awarding them custody is in the best interest of the child.

These cases can be complex and challenging. You will need to prove not only that the parents are unfit, but also that you are able to provide a safe, stable and loving home for the child. The court will consider your home environment, financial situation, and overall ability to take care of the child.

How Our Booneville Grandparents’ Rights Attorneys Can Help

Navigating the emotional and legal complexities of a grandparent’s rights case requires skill, compassion, and a deep understanding of Mississippi family law. Gregory D. Keenum, PA, has been dedicated to protecting the most important relationships for nearly five decades.

little girl hugs her grandmother

We can help you by:

  • Evaluating your specific situation in light of the legal standards set by Mississippi law.
  • Gathering essential evidence, such as documents and witness statements, to build a strong case.
  • Advocating fiercely on your behalf and for the best interests of your grandchild in court.
  • Exploring all legal options available, from negotiating visitation arrangements to pursuing a court order for custody.

Protecting Your Family’s Future

If you are a grandparent facing the difficult possibility of losing contact with your grandchild, you don’t have to face this situation alone. The laws are there to protect these important family bonds, but you may need the help of a knowledgeable advocate to guide you through the process.
Contact us today to schedule a consultation. Let us use our experience and dedication to help you fight for the right of your grandchild to be involved in their life.