When parents separate or divorce, one of the first and hardest questions is what will happen with the children. In Mississippi, custody decisions are always centered on the child’s best interests, not just what either parent wants. Knowing how courts look at custody can ease uncertainty, reduce stress, and help parents make clear choices during an emotional time.
Types of Custody in Mississippi
Custody in Mississippi has two components: legal custody and physical custody.
Legal custody refers to the right to make major decisions about a child’s upbringing, including education, medical care, and religious training. Physical custody deals with where the child lives and which parent provides daily care.
The court may award joint custody, where parents share responsibilities, or sole custody, where one parent has primary authority. Even in sole custody arrangements, the other parent often receives visitation rights unless the court finds visitation would harm the child.
How Courts Decide Custody
Mississippi judges use a set of factors called the Albright factors to determine what arrangement best supports the child. These include:
- The age, health, and gender of the child
- The parent with primary caregiving duties before separation
- Parenting skills and willingness to provide care
- Employment responsibilities of each parent
- Emotional ties between parent and child
- Moral fitness and stability of each parent
- The home, school, and community environment available to the child
- The preference of a child of sufficient age and maturity
No single factor is controlling. Instead, the court looks at the overall picture to see where the child will thrive.
Joint Custody in Mississippi
Joint custody is possible, but it is not automatic. Courts consider whether parents can communicate effectively and cooperate in decision-making. If ongoing conflict makes co-parenting unworkable, a judge may decide that one parent should hold primary custody to reduce stress on the child.
Modification of Custody Orders
Life changes, and so can custody arrangements. In Mississippi, either parent can request a modification if there has been a material change in circumstances that affects the child’s welfare.
Examples might include a parent relocating, changes in employment, or concerns about the child’s safety. The court must find not only that a material change occurred, but also that modifying custody serves the child’s best interests.
Visitation Rights
Even when one parent has primary custody, the other parent usually has a right to meaningful visitation. The court may set a standard visitation schedule or allow parents to agree on one.
However, if there are safety concerns, visitation may be supervised or restricted. Mississippi law seeks to encourage strong relationships between children and both parents whenever possible.
Practical Tips for Parents
Parents going through custody disputes often feel overwhelmed. A few guidelines may help:
- Stay child-focused. Courts want to see that parents are prioritizing their child’s needs over personal conflicts.
- Keep communication respectful. Judges pay attention to whether parents can cooperate.
- Document important details. Records of school involvement, medical care, and time spent with your child can be useful in court.
- Consider mediation. Many custody disputes can be resolved through negotiation rather than lengthy litigation.
Contact Our Legal Team To Learn More
Child custody decisions in Mississippi are never one-size-fits-all. Judges look closely at each family’s unique circumstances, guided by the child’s best interests. Understanding how the law works can help parents approach the process with clarity and confidence.
At Gregory D. Keenum, PA, we know how deeply custody disputes affect families. We are committed to guiding parents through the legal system with compassion and strong advocacy, always keeping the focus on protecting children and preserving family relationships. If you are facing a custody matter, reach out today to learn how we can help.