Child Custody Laws in MS
- Chancery courts oversee family matters in Mississippi.courthouse image by Michael Shake from Fotolia.com
Going through a divorce is typically difficult, but the difficulty reaches a new level when your children are involved. The court's decisions in regard to child custody issues will have an enormous impact on the lives of both the children and the parents. In Mississippi, child custody issues are handled by the Chancery Court in your county. Having a general idea of the law in Mississippi is important, but keep in mind that consulting with an attorney is the only way to be sure your interests are protected. - The court will award both physical and legal custody to both parents, one parent, or neither of the parents. Physical custody refers to the time that your child is physically with you. Legal custody on the other hand, refers to the decision-making rights in regard to your child's health, education and welfare. If the court awards either physical custody or legal custody to both parents, it is said the parents have joint physical or joint legal custody.
- According to Mississippi law, all decisions regarding child custody will be made with regard to the best interests of the child. To make this determination, the court will analyze different factors in the child's life. Some example are where the child goes to school in relation to each parent's home, which parent was the primary caregiver prior to separating, each parent's financial and career situation and preference of the child.
- In order for the Mississippi court to have jurisdiction pursuant to the state law over a child custody matter, there are some residency requirements. Children must have been living in Mississippi as their home state at the beginning of the proceeding or at least within 6 months of the beginning of the proceeding. Also, either yourself or the other parent must have significant connection with Mississippi such as living in the state or being in the state frequently for a business. Last, another state cannot have jurisdiction over the same matter.
Custody Choices
Best Interests of the Child
Jurisdiction
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