Family dynamics can change unexpectedly, and grandparents may find themselves wondering about their legal standing when it comes to spending time with their grandchildren. Whether you are facing a family conflict, divorce, or loss of a parent, it is important to understand grandparent rights in Mississippi. Gregory D. Keenum, PA has spent nearly five decades helping families navigate these delicate legal issues with compassion and expertise.

Understanding Grandparent Visitation Rights in Mississippi

Mississippi law recognizes grandparental rights, but these rights are less extensive than those of parents. Under Mississippi Code § 93-16-3, grandparents can petition the Chancery Court for visitation rights if certain conditions are met. The law seeks to balance the fundamental right of parents to make decisions for their children with the valuable relationship that grandchildren have with their grandparents.

The court will only allow visitation if it deems it to be in the best interests of the child. This means that grandparents must provide substantial evidence to show that denying visitation would be harmful to the child’s well-being. Simply wanting to maintain a relationship is not enough – grandparents must show a compelling reason for why court-ordered visits are necessary.

When Can Grandparents Seek Visitation?

Mississippi courts typically consider grandparent visitation requests in certain circumstances outlined in § 93-16-3. These include:

• The death of a parent: If the grandchild’s parent has passed away, the grandparent may seek visitation rights for the child.
• Divorce or separation: When parents separate or divorce, grandparents may apply for visitation as part of custody proceedings.
• Unmarried parents: If the child’s parents were not married, grandparents may ask for visitation.
• Established relationship: Courts prefer situations where grandparents have had an established and meaningful relationship with the child before seeking legal action.

The Best Interest Standard

Mississippi courts apply the “best interests of the child” standard when considering grandparent visitation requests. In the case of Albright v. Albright, the court considered multiple factors, including the child’s emotional and physical well-being, the existing bond between grandparent and child, and the willingness of the grandparent to support a relationship with both parents.

Judges also take into account the mental and physical well-being of all parties involved, the child’s adaptation to home and school, and any history of abuse or neglect. Parental wishes are given significant weight, as recognized by the U.S. Supreme Court in the case of Troxel v. Granville, which states that fit parents act in the best interests of their children.

Grandparent Custody Rights

In addition to visitation, Mississippi law allows grandparents to seek custody of a child if circumstances warrant it. To do so, they must prove that living with their parents would significantly harm the child’s well-being.

Grandparents might seek custody when parents are struggling with substance abuse, mental health issues, incarceration, or abandonment. In these cases, it is important to provide clear and convincing evidence that the parents are not fit to care for their children or that there are extraordinary circumstances justifying the transfer of custody.

How Gregory D. Keenum, PA Can Help

Navigating grandparent’s rights can be challenging and requires experienced legal advice. Since 1979, our firm has been providing personalized representation for families in Mississippi who are facing complex custody and visitation issues. We understand the emotional impact these cases can have and approach each situation with legal expertise and compassion.

Our team carefully evaluates your unique situation, collecting compelling evidence to support your relationship with your grandchild and effectively advocating for you in court. We meticulously prepare detailed petitions and represent you during court proceedings, working relentlessly to protect the bond between grandparents and grandchildren.

Take the Next Step

If you’re worried about maintaining your relationship with your grandchildren, please don’t delay. Contact Gregory D. Keenum, PA, today to discuss your options. With over 49 years of experience serving our community, our team is here to help you through every stage of your case and protect your family’s future.