If you are a parent who does not have custody of your child in Mississippi, it is essential for you to understand your legal rights regarding visitation in order to maintain a meaningful relationship with your child. Mississippi law recognizes that children benefit from ongoing contact with both parents, and the legal system has been designed to protect this bond even after separation or divorce.

What Is Visitation Under Mississippi Law?

Visitation, also known as parenting time, is the legal right of a parent who does not have custody to spend time with their child. In Mississippi, courts must make decisions about custody and visitation based on what is best for the child, as stated in Mississippi Code § 93-5-24. This standard takes priority over the wishes of either parent and is the basis for every visitation decision in Mississippi.

Courts consider several factors when determining the best interests of a child. These include the age, health, quality of relationship with each parent, willingness to support each other, and stability of home environment for parents.

Standard Visitation Schedules in Mississippi

Mississippi courts do not have a single, universal visitation schedule that is mandatory. Instead, judges have wide discretion to create arrangements that best serve the child’s interests. However, some common schedules include:

• Alternating weekends (from Friday evening to Sunday evening).
• Extended summer visitation, typically four to six weeks.
• Holiday rotation, dividing major holidays like Thanksgiving, Christmas, and spring break.
• Weekday visits, especially for parents who live in close proximity.

When parents are unable to agree on a parenting schedule, the court may impose one. However, parents who work together and create a mutually agreed upon parenting plan often have more control over the final decision than those who leave it entirely to the court.

Supervised Visitation: When Does It Apply?

In some cases, a court may order supervised visitation for a non-custodial parent where a third party is required to be present during the time the parent spends with the child. This is usually done when there are concerns about domestic violence, substance abuse, mental health issues, or past neglect. Supervised visits are not a permanent arrangement and a parent can ask the court to change the order if the concerns have been resolved.

Modifying a Visitation Order

Life circumstances can change, and Mississippi law allows for modification of visitation orders when there has been a significant change that affects the child’s best interests. Under Mississippi Code § 93-5-23, either parent can file a petition to change the current visitation arrangement. Common reasons for this include a change in the location of a parent, significant changes in a child’s needs, or repeated non-compliance with the current order by one of the parents.

The courts will once again apply the “best interests” standard when considering any proposed changes.

Enforcing Your Visitation Rights

A visitation order is a court order with legal binding force. If a parent who has custody consistently denies or interferes with court-ordered visitation, there are legal remedies available. Under Mississippi Code §93-11-65, the court can hold the non-compliant parent in contempt, leading to fines, increased visitation time or, in extreme cases, changes in custody arrangements. It’s important to document all denied visits carefully, including dates, times and communication, as this evidence will be crucial for a contempt case.

Grandparents’ Visitation Rights

Mississippi also recognizes limited visitation rights for grandparents under Mississippi Code § 93-16-3. If it is in the child’s best interests, a grandparent may petition for visitation after establishing a sufficient relationship with the child.

Protecting Your Parental Rights

Child custody and visitation issues can be legally complicated and emotionally difficult. Whether you are trying to establish a visitation plan, change an existing arrangement, or enforce your parental rights, it is important to have experienced legal representation.

Gregory D. Keenum, PA is built on integrity, dedication and results, and we are deeply committed to providing personalized and strategic solutions at every stage of your legal matter. We understand the importance of protecting your relationship with your child and will fight to achieve this goal.

If you need legal help with visitation or child custody in Mississippi, contact our office. We are here to offer you compassionate support and expert advice to help you achieve a resolution that puts your child’s best interests first.