When unmarried parents separate in Mississippi, issues related to child custody can become complicated. This is because state law treats unmarried couples differently from married ones. Unlike married parents, where both are assumed to be legal at the time of birth, unmarried fathers must take additional legal steps to establish parental rights. It is important for you to understand how Mississippi handles custody matters for unmarried families in order to protect your relationship with your child.

Presumption of Custody for Unmarried Mothers

Under Mississippi Code § 93-11-1, if a child is born to unmarried parents, the mother automatically gains sole legal and physical custody, unless a court order specifies otherwise. This means that without a formal custody agreement or court ruling, the father does not have legal rights to make decisions about the child, request visitation, or obtain information about their schooling or medical care for the child. 

This legal presumption emphasizes the significance of legal action for unmarried fathers seeking to be involved in their child’s life.

Establishing Paternity: The First Step for Unmarried Fathers

Before an unmarried father can seek custody or visitation rights in Mississippi, he needs to legally establish paternity. This can be done voluntarily by both parents by signing an Affidavit of Paternity at the hospital or later through the Mississippi Department of Human Services’ Child Support Enforcement Division. 

If there is a dispute about paternity, either parent can request a DNA test through the court under Mississippi Code § 93-9-1. After paternity has been established, the father has the legal right to file a petition for custody or visitation in chancery court.

Custody Determinations: Best Interests of the Child

Mississippi courts determine custody based on what is in the best interests of the child, as outlined in Mississippi Code § 93-5-24. This includes considering the following factors for both unmarried and divorced parents:

• Each parent’s ability to provide a safe and stable home for the child
• The child’s emotional and developmental needs
• The mental and physical health of each parent
• History of domestic violence or substance abuse
• The relationship between the child and each parent

Importantly, Mississippi does not give mothers an automatic advantage over fathers once paternity has been established. Instead, courts may take into account which parent has been the primary caregiver. This can sometimes put unmarried fathers at a disadvantage if they were not actively involved from the beginning.

Types of Custody in Mississippi

Mississippi recognizes two forms of custody:

• Physical custody: Where the child lives most of the time
• Legal custody: The right to make major decisions about education, health care, and religious upbringing

Both may be awarded to one parent exclusively or shared equally. For unmarried parents, shared custody arrangements are possible, but only if the court determines that it is in the best interest of the child and both parents can demonstrate the ability to work together.

Visitation Rights for Non-Custodial Parents

If one parent is awarded sole physical custody, the other parent typically receives visitation rights (often referred to as “parenting time”). Mississippi courts generally promote frequent and meaningful contact between both parents, unless there are safety concerns. Standard visitation schedules often include alternate weekends, holidays, and extended summer breaks, but these can be customized through mutual agreement or a court order.

In cases where there are concerns about the safety or fitness of parents, the court may order supervised visits through a qualified third party or agency.

Modifying or Enforcing Custody Orders

Circumstances can change, and Mississippi law allows parents to request changes to custody or visitation if there has been a “significant change in circumstances” affecting the child’s best interests (Mississippi Code § 93-5-23). If one parent violates a court-ordered arrangement, the other parent may file a petition for contempt or violation.

Protect Your Rights with Experienced Legal Guidance

Navigating the process of custody as an unmarried parent in Mississippi can be challenging, but it is possible with the right knowledge and guidance. Whether you are a mother seeking to establish custody or a father trying to gain parental rights, it is essential to work with a skilled family law attorney to navigate the legal process.

If you need legal assistance with matters related to paternity, custody, or visitation, contact Gregory D. Keenum, PA, for a confidential consultation. We are here to help you create a stable and loving future for your child.