• In 1982, Mississippi adopted the Uniform Child Custody Act, which was subsequently revised into the Uniform Child Custody Jurisdiction and Enforcement Act in 1997. What this means for parents is that Mississippi is dedicated to enacting and standardizing legislation in commonality with much of the rest of the nation. Mississippi child custody laws conform to UCCJEA requirements.
  
  

Physical Custody

• Mississippi recognizes two kinds of custody: physical and legal. Physical custody refers to which parent the child lives with. This parent is also sometimes called the "custodial" parent in Mississippi. Joint physical custody here indicates a shared parenting plan where the child lives with each parent approximately the same amount of time.
  
  

Legal Custody

• Legal custody refers to which parent has the right to make major decisions on the child's behalf. In Mississippi, joint legal custody means that both parents must confer and agree upon choices regarding the health, education and best interests of the child. It's important to note, however, that even if a parent does not have sole or joint legal custody, he still has the right to access his child's school or medical records unless his parental rights have been completely terminated by way of a separate legal proceeding outside of the divorce.
  
  

Combinations of Custody

• Mississippi courts will recognize various combinations of legal and physical custody to meet the specific needs and best interests of the child. In the instance of a no-fault divorce, parents may agree in advance to fully joint custody where both make decisions and the child shares time between their households. In a litigated divorce or when custody is contested, the parties have a right to file a petition to address custody issues. When this happens, the court may award joint physical custody with legal custody to only one parent, or joint legal custody with physical custody to only one parent. In some instances, sole legal and physical custody may be awarded to a single parent. Criteria considered for such a determination may include one parent being the primary caregiver prior to the divorce, the ability of one parent to care for the child without involving daycare facilities or the proximity of a parent's residence to the child's school or house of worship.
  
  

Abuse and Neglect Laws

• In the unfortunate circumstance where one parent is suspected of abusing or neglecting her child, Mississippi's statutes provide that a judge may order a continuance or stay of a custody proceeding while the allegations are investigated. The party making such allegations will be ordered to substantiate them with evidence provided to the Department of Human Services. The DHS will then investigate. Provisions for such an action can be found under Chapter 21 of Title 43 of the Mississippi Code (Youth Court Law) as well as under Chapter 23 of Title 43 (Family Court). If the DHS finds that the accusations are without merit, however, the party that brought the allegations will be responsible for the injured party's court costs and attorney's fees.