When parents separate or divorce, one of the most emotionally charged issues is determining who will spend time with the children and when. If you are going through a custody dispute or trying to enforce an existing arrangement, understanding Mississippi’s visitation laws is a critical first step in protecting your parental rights. This guide explains what Mississippi law states, what factors the court considers, and what actions you can take.

Understanding Custody vs. Visitation in Mississippi

Mississippi law clearly distinguishes between custody and visitation. According to Mississippi Code § 93-5-24, the court can award either sole or shared custody, and both physical and legal custody must be considered in every case.

Physical custody refers to where a child lives on a daily basis. Legal custody gives a parent the authority to make significant decisions regarding the child’s education, health care, and religious upbringing. In many cases, courts award joint legal custody even if one parent has primary physical custody so that both parents can continue to be involved in important decisions for the child.

Visitation, also known as “parenting time,” is the scheduled time that a non-custodial parent spends with their child. Mississippi courts have wide discretion when it comes to setting visitation schedules, but they always prioritize the best interests of the child above all else.

How Mississippi Courts Determine Visitation Rights

There is no automatic formula for determining visitation rights in Mississippi. Instead, judges use a multi-factor test, as established in the case of Albright v. Albright (437 So. 2d 1003, Miss. 1983). This case serves as the foundational standard for making decisions regarding custody and visitation. Key factors to consider include:

• The child’s age, health, and developmental needs.
• Each parent’s willingness to support the child’s relationship with the other parent.
• The continuity of care and stability in each household.
• Both parents’ mental and physical health.
• Any history of domestic violence, substance abuse, or neglect.
• The child’s preferences, if they are of sufficient age and maturity.

Notably, Mississippi courts do not favor one parent over the other based on gender. The Mississippi Supreme Court has consistently held that mothers and fathers are on equal footing when it comes to visitation decisions.

Parenting Plans: A Legal Requirement in Mississippi

If you are going through a divorce or separation with minor children, Mississippi law requires you to create a formal parenting plan. This document must include information about physical custody arrangements, holidays and vacations, transportation details, communication guidelines, and methods for resolving disputes. These requirements are outlined in Mississippi Code § 93-5-2.

A well-drafted parenting plan helps to prevent future conflicts by providing clear and enforceable terms for both parents to follow. Generic or vague plans often lead to ongoing disagreements and the need for further court proceedings. Working with an experienced family law attorney in Booneville ensures that your plan is thorough, realistic, and legal.

Grandparent and Third-Party Visitation Rights

Mississippi recognizes that, in certain circumstances, grandparents and other relatives may request visitation with a child. Under Mississippi Code § 93-16-3, grandparents are allowed to petition for visitation if it is in the best interests of the child and there is a pre-existing significant relationship between them and the grandparent.

These cases involve a careful balance between parental rights, which are constitutionally protected, and the best interests of the child in maintaining important family bonds. Whether you are seeking to establish grandparent visitation rights or defending your parental rights in a dispute with a third party, you need the help of a lawyer who understands how Mississippi courts weigh conflicting interests.

Modifying an Existing Visitation Order

Life changes, and so do visitation orders. Under Mississippi law, if a parent wishes to change custody or visitation arrangements, they must demonstrate significant changes in circumstances that may affect a child’s well-being, and show that the proposed change is in the child’s best interests.

Common reasons for modifying child custody arrangements include: a parent relocating to another city or state, significant changes in a parent’s work schedule, changes in the child’s educational or medical needs, or if the current arrangement is no longer meeting the child’s needs. Courts have a high standard for modifying custody orders to promote stability, which is why it’s important to have strong legal representation.

Enforcing Your Visitation Rights in Mississippi

If your co-parent refuses to comply with a court-ordered visitation order, there are legal remedies available to you. Mississippi courts take violations of custody orders very seriously. Under Mississippi Code § 93-11-65, parents who intentionally interfere with court-ordered visits may face contempt charges, fines, or even modifications to the current custody agreement.

Document every denied visit. Keep records of text messages, emails, and any attempts you make to exercise your visitation rights. These records will form the basis for enforcement action if necessary. An attorney can help you file the necessary documents and advocate for your rights in court to ensure they are upheld.

How Gregory D. Keenum, PA Can Help

For nearly 50 years, Gregory D. Keenum, PA has served families in Prentiss County and throughout northeast Mississippi. Our firm, based in Booneville, was founded in 1979 and has built a reputation for integrity, dedication, and excellent results. We understand that custody and visitation disputes are more than just legal matters – they affect the lives of your children and the future of your family.

Whether you are seeking to establish an initial visitation schedule, modify an existing one, or fight for enforcement of your visitation rights, our team of experienced lawyers can provide personalized strategic advice tailored to your unique circumstances. We understand the community and are dedicated to helping families find solutions that work for their children.

Contact Gregory D. Keenum, PA today to schedule a consultation and protect your rights as a parent. Our experience matters in matters of this importance – and it speaks for itself.