When parents in Mississippi go through separation or divorce, one of the most sensitive issues is determining when each parent can spend time with their children during summer breaks and holidays. The consequences are significant. Summers are lengthy, holidays have special meaning, and without a clear legal framework, scheduling conflicts can quickly escalate. Understanding Mississippi’s approach to these schedules provides parents with clarity and confidence in protecting their family relationships.

The Legal Foundation: Mississippi’s Best-Interest Standard

All custody and visitation decisions in Mississippi are based on the principle that the best interests of the child are the most important consideration. The courts use a multi-factor analysis, first established in Albright v. Albright codified in Mississippi’s family law, to determine which schedule will best support the health, stability, education, and relationship of the child with both parents.

How Summer Visitation Is Typically Structured

Summer visitation in Mississippi often provides the non-custodial parent with a significant amount of extended time with their child, typically four to six weeks, as a balance to the majority of the residential parent during the school year. Some key features of this arrangement include:

• Written notification: The non-custodial parent must generally notify the other parent in writing about their intended summer visit dates, often before April 1st of each year.
• Maintaining continuity: Courts may limit the length of summer visits to avoid disrupting a child’s extracurricular activities or summer school schedules.
• Communication: Even during extended summer visits, the residential parent still has the right to maintain reasonable phone or virtual contact with their child.
• Return to school: Summer visitation typically ends a certain number of days before the start of the new school year, allowing the child to adjust to the transition back to school.

Holiday Visitation: Who Gets What

Holidays are handled separately from the standard weekend schedules and often override the regular parenting time. Mississippi parenting plans usually address the following holidays and how the time is divided:

• Christmas and winter break: Often split into two parts – Christmas Eve/Day with one parent and New Year’s with the other parent, alternating each year.
• Thanksgiving: Usually alternates between parents annually, with the child staying with one parent from Wednesday evening until Sunday.
• Spring break: Typically alternates each year, giving a full week of spring break to one parent at a time.
• Mother’s and Father’s Days: These are usually awarded to the parent who has them, regardless of which weekend they fall on.
• July 4th, Memorial Day, and Labor Day: These three-day weekends often alternate between parents from year to year.
• The child’s birthday: Courts may divide birthdays, let the child choose, or alternate between years.

Under Mississippi Code Title 93, Chapter 5 (governing divorce, custody, and support), it is important that holiday schedules be clearly outlined in any court-approved parenting plan. Ambiguous language such as “reasonable visitation” can lead to disputes and should be avoided.

What Happens When Parents Disagree

Disputes over summer and holiday visits are some of the most common conflicts in Mississippi family courts after divorce. If parents cannot agree, the judge will create a schedule based on what is best for the child. If one parent consistently denies visits without a court order, they may face charges under Mississippi Code Title 93, Chapter 11 for contempt of court. Courts take parental time seriously and may impose consequences such as additional visits, changes to custody arrangements, and legal fees for the parent in violation.

Modifying an Existing Visitation Schedule

Life changes – job relocations, new school schedules, and the child’s growing needs – sometimes require modifications to the visitation schedule. Mississippi courts will consider a modification if a party can demonstrate a significant change in circumstances that affects the child’s best interests since the last court order was issued. This high threshold is intended to promote stability and consistency for children.

Plan Ahead With the Right Legal Guidance

The best visitation plans are carefully thought out, realistic, and prioritize the child’s best interests. Whether you are creating an initial parenting schedule or trying to modify an existing one, working with a skilled family law attorney in Mississippi ensures that your plan is legally sound and can be enforced.

Gregory D. Keenum, PA, has been helping Mississippi families navigate custody and visitation issues since 1979. If you have any questions about your summer or holiday schedules, or if you need to modify an existing court order, we are here to help. Please contact us to schedule a consultation with one of our experienced family law attorneys.