In Mississippi once child custody is finalized, the parents are legally obligated and bound to them. Although, life and its constant changes can play a factor. Job relocation, kids growing up or even any specific need can alter or modify a custody agreement. Here’s what you should know if yourself is going through this.
Material Change
While going through the custody agreement, the court requires a document of proof called material change in circumstances. This is proof of alterations of the conditions and which adversely affects the child. This proof must be:
- Material: Significant from what was anticipated
- Adverse: Impact of the child’s or children’s best interest
Some examples of this may include parents perhaps taking night shifts and will not be able to attend to their child during the day. Could also be if a parent is moving out of state for work or another significant situation. On the other hand, the worst case scenario, if the parent has been having neglect and abuse allegations upon them.
Best Interests of the Child
Once the material change is shown, the next step is the court then decides if the custody modification best aligns with the child’s best interest. These terms and conditions all fall under the Albright Factors which are:
- Age and overall health of the child
- Stability of each parents home
- Capacity of parenting for each spouse
- Preference of Child aged 12 or older
- History of any abuse or neglection
- Community Ties
If it happens to be joint custody modifications, the court looks into the current arrangement and sees if the situation is unworkable. This would be in the case of relocation of one parent.
Legal Process
Step 1: Filing a Petition to Modify
- File a petition for modification in the same court that issued the first order
- Detail the changes and explain the effect that is happening to the child
If both of the parents agree to change the process makes it a lot smoother. Judges are more likely to accept the modification and offering if both parents are on board.
Step 2: Evidence and Hearing
- A hearing is scheduled by one or both parents
- Professional help may be needed for expert opinions in navigation the process
- With a more complex modification, the contested modification will need detailed evidence to put the child in the best position
Some cases can be very complex, custody evaluations are a good tool to use to assess the families dynamics and arrangements that could play out in the future.
Step 3: The Decision
The court first confirms the case under the Mississippi code and the Uniform Child Custody Jurisdiction and Enforcement Act. If this jurisdiction is acceptable, the court will then:
- Determines the material change
- Interwines Albright factors
- Potentially issues a custody or visitation order if within the case it’s warranted
Timing and Frequency
Within the courts process, courts try and not revisit any custody modifications too often. If there is a threat regarding the household, the court will open up the case. If a situation like joint custody becomes unstable it is necessary to make sure to schedule a date on the calendar and try to speed up this process for the court to review.
Temporary Situations and Emergencies
There are certain situations the court takes more seriously than others. If there is danger within the child’s life within the custody agreement, the court may issue a temporary emergency modification. This would assure there would be a temporary plan to keep the child safe. Later on, a full hearing will determine long-term decisions.
Why You Need Gregory D. Keenum, PA
With 45 years of experience in the state of Mississippi, Gregory D. Keenum, PA brings a dynamic expertise to successfully navigate in family court cases. If this sparks an interest and wants more info from an expert, contact us here.