There are two different types of custody in Mississippi, legal and physical. Both of those can be awarded as joint or sole custody as well. Taking a closer look at both, you will understand how they differ from each other. If you want to learn more about the types of custody or if you will be dealing with custody, keep reading.
Legal Custody
A parent who has legal custody of a child has the right to make decisions regarding the child’s upbringing. This can include education, health care, extracurricular activities, and religious or moral instruction. It doesn’t matter whether the child lives with the parent or not; they are still eligible for legal custody.
Physical Custody
A parent who has physical custody of a child has the right to have the child live with them. This means that the parent makes decisions regarding the child’s day-to-day life. This can include mealtimes or playdates. Physical custody is not the same as visitation rights; the court can award these to the parent who doesn’t have physical custody.
Joint Legal and Physical Custody
In a joint physical custody arrangement, the child will live with both parents. Each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way as to assure a child of frequent and continuing contact with both parents. This means that the child will be splitting time evenly with both parents, depending on the distance between the houses, the school schedules, and the parents’ work obligations. However, no matter how time is split in a joint physical custody arrangement the home where the child spends the most time will be deemed the primary residence for tax purposes to determine where the child can attend school.
In a joint legal custody arrangement, both parents must agree on the parenting decisions that affect the child’s life. These decisions may include where the child will go to school, which church they will attend, and other choices that may impact the child’s quality of life. A parent is able to have legal custody even if they don’t have physical custody.
Sole Legal and Physical Custody
When a parent has sole physical custody, their child resides only with them and not with the other parent. The parent without physical custody is still allowed to visit the child. However, they aren’t able to take the child out of the state or country or have the child undergo medical procedures outside of an emergency without the knowledge or consent of the parent who has sole custody of the child.
A parent who has sole legal custody of the child has the right to make significant decisions affecting the child without the other parent’s consent. On the other hand, the parent without sole legal custody may have the right to know about the decisions being made and provide input on them. However, ththe parent with sole legal custody ultimately gets to make the decisions regarding the child’s upbringing.
Determining Child Custody in Mississippi
One of the biggest concerns the court has when determining child custody arrangements is to ensure that the decisions are made in the child’s best interest. This means that there will be evaluations regarding multiple factors related to the family’s circumstances. These include the following:
- The child’s age and health
- Both of the parents’ parenting skills
- Who provided care before and during the seperation
- The stability of the parents’ home environments
- The emotional ties the child has with each parent
- The child’s educational, extracurricular, and social needs
- The parents’ moral fitness
- Each parent’s employment status and the ability to provide childcare
- Physical and mental health of each parent
- Whether a parent has a history of domestic violence
- The preference of the child, if the child is mature enough
Courts ultimately prefer joint custody when possible. However, the biggest factor for the courts is determining what’s best for the child.
Need Help With Custody in Mississippi?
If you need help regarding your child’s custody arrangements, feel free to reach out to Gregory D. Keenum, PA. They will be able to help you through the process.