Life is constantly changing, and the arrangement for custody and visitation that worked well for your family last year may no longer be the best option. This could be due to changes in the needs of your child, concerns about their safety, or the relocation of a parent.
At Gregory D. Keenum, PA, we have over 49 years of experience helping clients navigate the complexities of family law. If you are considering a change to your current custody order, it is crucial to understand Mississippi law as the first step in making an informed decision.
The Legal Standard: What Qualifies as a “Material Change in Circumstances”?
A Mississippi court will not change an existing child custody arrangement simply because one parent is unhappy with it. If a parent wishes to change the arrangement, they must first demonstrate that there has been a significant change in circumstances since the last decision was made and that this change adversely affects the child’s well-being, and that changing the current arrangement is in the best interests of the child.
This legal standard, established by the Mississippi Supreme Court, is designed to promote stability and consistency in a child’s life. The court’s primary concern is the well-being of the child, rather than the preferences of their parents.
Common Examples of a Material Change
What kinds of situations might reach this legal threshold? Although each case is unique, some common examples include:
- Relocation of a Parent: If a primary custodial parent plans to relocate a significant distance away, it can disrupt a child’s schooling and social life and the other parent’s ability to visit them.
- Changes in a Child’s Needs: As children grow, their educational, medical, and social needs change. A new custody arrangement may be required to better meet these needs.
- Parental Lifestyle Changes: Evidence of substance abuse, criminal charges, domestic violence, or inappropriate relationships with the child may constitute a significant lifestyle change for a parent.
- Failure to Exercise Visitation: If a parent consistently fails to use their court-ordered visitation time, this may indicate a need for a change in schedule.
- Changes in Home Environment: Significant changes in a parent’s home, such as frequent moves, loss of employment affecting the ability to provide for a child, or addition of a new adult raising concerns, can be grounds for review.
- Child’s Preferences: While not determining, a child’s wishes can be considered if the child is 12 or older and is deemed by the court to be mature enough to form an informed opinion.
It is important to note that, even if a change is made voluntarily and has a negative impact on a child, such as when a parent leaves a job, the court may still consider it to be a significant change.
The Process: How to Request a Modification
Requesting a modification to a court order is a formal process that involves filing a petition with the court that issued the original order.
Filing a Petition to Modify
Your attorney will prepare and file a formal “Petition to Modify Custody”. This document will outline the significant change in circumstances that have occurred and explain why a change to the current custody arrangement is in the best interest of the child, as guided by the criteria outlined in Mississippi Code § 93-5-24.
Serving the Other Parent
The other parent should be served with a copy of the petition and a notice of legal proceedings, notifying them of the court’s decision.
The Discovery Phase
Both parties will exchange information and evidence during this process. This may include written questions, requests for documents, and sworn testimony. This phase is essential for building a strong case.
Mediation
Many Mississippi courts require parents to try mediation before going to court. A neutral third party can help you and your ex-partner to reach an agreement that is fair for both of you.
The Court Hearing
If a settlement cannot be reached, the matter will proceed to a hearing before a judge. At the hearing, both sides will present evidence and call witnesses, such as teachers, therapists, and other relevant parties, to support their arguments.
The judge will then consider the best interests of the child and make a decision based on the evidence presented. They will weigh the factors that are most important for the child’s well-being and decide whether or not to grant the requested modification.
Why Legal Guidance is Essential
Navigating a custody modification requires a strategic approach and a thorough understanding of Mississippi’s family law. The other parent is likely to contest the change and the court will carefully examine your claims. An experienced attorney can help you navigate this process more effectively:
- Consider whether your circumstances meet the “material change” threshold.
- Gather compelling evidence, including documents, witness statements, and expert opinions.
- Navigate complex court procedures and meet deadlines.
- Advocate strongly for your parental rights and the best interests of your child in negotiations and in court.
Contact Our Booneville Child Custody Attorneys Today
At Gregory D. Keenum, PA, we understand that the well-being of your child is your top priority. Our founder, Gregory D. Keenum, and our dedicated team are committed to providing personalized, strategic legal advice you need during this difficult time. We have been serving clients in Booneville and surrounding communities since 1979 and are here to assist you in finding a custody arrangement that will provide stability and security for your child’s future.
If you feel that a significant change in your circumstances requires a change to your custody agreement, please contact our office to arrange a confidential consultation. Our team of experienced professionals will be happy to assist you through this process.