When a separated couple turns to the court for a child custody determination, the court may order visitation for a non-custodial parent, and in some cases, for other parents. But how do courts and families decide visitation rights in Mississippi?
Understanding the Legal Framework for Visitation Rights
Under Mississippi law, courts must award custody and visitation rights according to the best interests of the child. The law presumes that joint physical and legal custody in both parents will serve a child’s best interests when both parents have agreed to joint custody. Physical custody refers to the right to control a child’s whereabouts and to have the child reside with a parent. Legal custody refers to the right to make decisions on behalf of a child, such as medical treatment, education, or religious/moral upbringing.
However, the law also imposes a rebuttable presumption that granting custody to a parent with a history of perpetrating family violence would harm the child’s best interests. Nevertheless, courts can grant visitation to a parent with a history of domestic or family violence if arrangements can ensure the safety of the child and the parent who has suffered domestic violence.
Types of Visitation in Mississippi
Courts may order or approve various types of visitation in Mississippi. Usually, a family will have a standard visitation schedule, where each parent gets to spend unsupervised time with their child. Courts usually divide parenting time by overnight stays, such as when a parent receives visitation for weekend overnight stays and the other parent has physical custody for weekday overnight stays.
However, courts may order supervised visitation when they have concerns about a child’s safety in their parent’s presence or custody, or if the parent has had domestic or child abuse allegations levied against them. Supervision can occur through a court-appointed official, such as a child services caseworker, or a family member agreed upon by the parties and the court.
Families may have flexible or fixed visitation schedules. Parents may exchange custody of their children as needed for the family’s work, school, and activity schedules. However, many families have a fixed visitation schedule that mandates specific visitation or custody times for each parent. Fixed schedules can address logistical concerns such as holidays, school vacations, or distances between parents.
How Is Visitation Decided?
When families call upon courts to decide visitation, they must consider various factors to determine the “best interests” of the child and evaluate whether a proposed visitation arrangement serves the child’s best interests. Some of these factors include:
- The child’s age and health
- Which parent served as the primary caregiver before separation/divorce
- Each parent’s ability and willingness to care for the child
- The emotional ties between the child and their parent
- Each parent’s moral fitness
- The willingness of each parent to encourage a healthy relationship between the child and their other parent
- The child’s preference (if the court finds the child mature enough to express a reasoned preference)
Based on these and other factors, such as a non-custodial parent’s history of domestic violence or child abuse, a court will determine whether to grant visitation to a non-custodial parent.
Visitation for Grandparents
In Mississippi, grandparents can petition for visitation rights if the court has awarded custody to only one of the child’s parents, has terminated the parental rights of one of the child’s parents, or when one of the child’s parents passes away. Otherwise, a grandparent who wishes to petition for visitation must prove that they have established a viable relationship with the child (a relationship in which the grandparent would have voluntarily and in good faith financially supported the child, the grandparent had frequent visitation and overnight visitation, or has cared for the child for a significant period), the child’s parent or custodian has unreasonably denied visitation, and granting visitation to the grandparent would serve the child’s best interest.
Contact a Family Law Attorney Today
When you seek visitation in Mississippi, you need an experienced child custody attorney to advocate for your rights. Contact Gregory D. Keenum, P.A. today for a confidential consultation to learn more about your visitation rights as a parent or grandparent under Mississippi law.