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Can a Child Choose Which Parent to Live With in Mississippi?

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When parents separate or divorce in Mississippi, one of the most common and emotionally complex questions is whether a child should choose which parent they want to live with. Many people assume that older children have the final say in this decision, but the reality is more complicated. In Mississippi, courts prioritize the best interests of the child above all else. While a child’s preference is considered, it is not the sole deciding factor in determining custody arrangements.

Understanding Custody in Mississippi

Under Mississippi law, there are two types of custody: physical custody, which refers to where the child resides, and legal custody, which gives the parent the right to make important decisions about the child’s upbringing. The court may award sole custody, where one parent has all the rights and responsibilities, or joint custody where both parents share the rights and obligations. The decision is always made based on what is best for the child.

Key factors in custody decisions include:

  • Each parent’s ability to provide a stable and nurturing environment for the child
  • The child’s relationship with both parents
  • Evidence of domestic violence, substance abuse, or mental health issues
  • The child’s adjustment to their home, school, and community

It is important to note that Mississippi law does not favor either parent over the other. Gender is not a factor in these decisions, as the focus is always on what is best for the child.

The Role of the Child’s Preference

So, can a child’s opinion be taken into account? In Mississippi, the court may consider a child’s preference if the child is at least 12 years old and is deemed mature enough to form a reasoned opinion. This is stated in Mississippi Code § 93-5-24(1)(a), which says that the court “may consider the preference of a child of sufficient age and maturity.”

However, this preference is just one factor among many that a judge will consider when making a decision. They will weigh it along with other evidence and not allow a child’s choice to override clear indicators of what is in their best interests. For example, if a 13-year-old child expresses a desire to live with a parent who has a history of neglect or instability, the court is unlikely to grant their request.

In addition, judges take care to not put undue pressure on children to “choose” between parents. Instead, they gather the child’s preferences through a private interview or through a guardian ad litem, a neutral third party appointed to represent the best interests of the child.

Practical Considerations for Parents

If you believe your child has a strong and well-considered preference regarding where they want to live, it’s important to approach the situation with care. Encouraging your child to testify or speak directly in court could cause emotional harm and may not be in their best interests legally. Instead, it’s best to work with an experienced family law attorney who can help you understand the best way to present your child’s wishes, if at all.

Children's hands in mother's palms

Visitation and Co-Parenting After Custody Is Set

Even when one parent has been awarded primary physical custody in Mississippi, the law strongly supports the other parent’s right to meaningful visitation, unless there are safety concerns. Standard visitation schedules often include alternating weekends and holidays, as well as extended summer time. However, arrangements can be customized to meet the specific needs of your family.

In high-conflict situations, courts may order supervised visits to ensure the safety of the child while maintaining the parent-child relationship. Our lawyers can assist you in navigating these sensitive matters, whether you are seeking to establish, modify, or enforce a custody or visitation arrangement.

Protect Your Rights with Experienced Legal Guidance

Child custody disputes are not just legal matters; they are also deeply emotional. At Gregory D. Keenum, PA, we understand this and take it into account in every case we work on. We don’t just file motions; we listen to both parties, strategize, and advocate for the best interests of the child. As a local law firm founded in 1979, we have built lasting relationships with our clients and the community by providing personalized and results-driven legal representation.

If you’re going through a custody battle in Mississippi and are wondering how your child’s voice might influence the outcome, contact us. We’re here to help you navigate the process with integrity, expertise, and compassion.