Mississippi Laws Bout Father Getting Custody of His Baby With Woman Married to Another Man

Posted on: October 18, 2020

Exercise You Have Questions About Child Custody in Mississippi? We Have Answers

Kid Custody disagreements can exist stressful. It'south important to prioritize the child in every situation. You don't take to go through it alone, though. Our Mississippi kid custody lawyers can help ensure the best outcome for everyone. Contact us today: 662.262.8430

Mississippi, like other states, has created a torso of law to determine kid custody and visitation.

If y'all are divorcing, or if you take a child with someone you are not married to, y'all will need to consider how Mississippi child custody laws affect your situation.

Although parents tin can reach an understanding betwixt themselves on custody, many parents cannot agree. In this situation, a Mississippi judge will need to determine custody based on the state'due south laws.

Some of the virtually important laws are summarized below.

Gear up to Speak to a Mississippi Child Custody Attorney?

If you are trying to obtain custody of your child, you shouldn't confront it alone. We want to hear from you, simply fill out the form below and we will contact y'all to set up a consultation. We merely need some brief data:

Legal and Physical Custody

Mississippi Code 93-5-24 identifies two types of custody that parents might be award:

• Legal custody: this gives the parent the ability to make decisions nigh the child'southward medical care, education, religious upbringing, and other important problems.
• Physical custody: the kid volition live with the parent for most of the time and be under their physical control.

As the Mississippi law makes clear, parents can receive either type of custody, or both. For case:

• Each parent tin can receive joint legal and physical custody.
• Both parents might receive articulation legal custody, only one parent will have physical custody.
• Both parents might receive joint concrete custody, but ane parent will have legal custody.
• One parent could be given both legal and physical custody.

Due to child custody laws in MS, judges accept options. Although the state encourages both parents to have custody, it is up to the estimate to honour custody based on an assay of the kid's best interests.

The State Prefers Articulation Custody

If the parents agree to joint custody, Mississippi law states that the guess should assume that it is in the child's best interests. Joint custody means both parents will share legal custody, and the child will spend substantial fourth dimension with each parent (even if physical custody is not divided 50/50).

If you tin reach an agreement for joint custody with the other parent, then in that location is a good hazard the judge will approve the agreement.

Custody Determinations: Best Interests of the Child

Just about everything involving children is decided based on the child'south "best interests." There is no clear definition of the child's best interests. However, the Mississippi Supreme Court in a 1983 case, Albright five. Albright, identified a dozen factors a judge should consider, including:

• The child's age;
• Which parent has cared for the child prior to separation;
• Both parent'south emotional ties to the child;
• Each parent's willingness to provide master intendance for the child;
• Each parent's parenting skills;
• Parental employment responsibilities;
• Each parent's physical and mental health, likewise as their age;
• A parent's moral fettle;
• The stability of each parent; and
• The kid'southward preference, if they are old enough to express one.

No 1 factor determines the estimate's conclusion. Instead, the judge considers all factors earlier reaching a decision near which parent should be awarded custody.

Filing for Custody in MS

Almost cases involving child custody in Mississippi are part of divorce proceedings. Notwithstanding, at that place are instances involving unmarried couples that may require a separate kid custody example.

Y'all volition demand to file a petition for custody in the proper court, usually in the county where the child resides or is physically nowadays. One time the petition is filed, you lot will need to serve your child'due south other parent.

Resolving Child Custody in Mississippi Through Mediation vs in Courtroom

Earlier you run into a gauge in Mississippi about custody, you lot volition be required to see a mediator. Instead of going through a formal courtroom hearing where the judge problems an order, you can work toward an amicable agreement with your ex in mediation.

The mediator is an impartial tertiary party who specializes in these types of legal disputes.

A skilled mediator can help yous to resolve all outstanding issues in your custody dispute. They can aid with everything from living arrangements to scheduling kids' activities. Making an attempt to achieve an agreement on your ain is meliorate for your children and your co-parenting relationship.

In some cases, y'all may not resolve all your issues through arbitration. However, resolving some issues through arbitration is helpful for when you do go before the gauge.

When you work out some custody aspects, information technology shows the court your willingness to put your children first. It tin can as well save you time and money by limiting the issues that need to exist addressed in a trial.

Modifying a Mississippi Custody Guild

Original custody orders can be modified in some cases, provided the parent seeking a modification can show a textile change in circumstances that now adversely affects their children'due south all-time interests. The parent who filed the petition has the burden of proof.

Family unit court judges won't grant modifications unless the filing party can show:

• A material modify in the custodial home;
• The change adversely affects your child's welfare nether the current organisation; and
• The modification will be in the best interest of your child.

When a parent moves a few miles abroad, information technology'due south unlikely to be deemed a material change. However, if one parent wants to move further than 100 miles away, that could be a material change.

If you program to file a motion to improve or alter your existing custody club or your ex wants to motility to another state with your kid, you lot should retain an experienced Mississippi child custody lawyer.

When Does a Child Need to Announced in Court?

In about situations, a kid under the historic period of 12 volition not be required to appear in court. If in that location is a unsafe situation that is affecting custody, then they may need to testify in court. A child who is 12 or older can normally sign a parental preference affidavit. No court testimony would be required in this state of affairs.

A child's preference does not supplant the court's decision. In fact, a kid's wishes on where they prefer to live is just one factor among many for the court to weigh in its custody conclusion.

In situations where the judge feels an alternative arrangement is in the child'south best interests, they will override the child's preference. If this occurs, the guess will proceed record and explain why they made this custody determination.

Child Custody when Both Parents Have Abandoned the Child

Unfortunately, many children do not have even one responsible parent they can rely on. Instead, the child is abased by both parents, or both parents are wholly unfit to take care of the child because of substance abuse, mental illness, or another reason. In these situations, Mississippi Code 93-5-24 states that the child:

• Volition be placed in the home the child has been living in, provided it is stable and good for you, or
• Will exist placed with someone the court finds is suitable to provide acceptable and proper care.

Oftentimes, grandparents or developed siblings desire to obtain custody of young children who have been abandoned. This is certainly a possibility, and they should meet with a Mississippi child custody attorney to discuss how to proceed.

Kid Custody and Family Violence

Abuse allegations are adequately common in divorce proceedings. There is an easy reason to understand why.

According to Mississippi's child custody laws, at that place is a presumption that information technology is non in the child's best interests for a parent who has committed family violence to have either legal or physical custody.

This presumption is rebuttable—significant, you tin can show that you have rehabilitated yourself. For example, y'all might take completed a drug or alcohol treatment program or a program that addresses battering a spouse.

The gauge will also consider whether y'all have taken a parenting grade. If yous tin show that you have turned over a new leaf, and then the judge volition consider granting you custody.

In other situations, a parent with a history of family unit violence might be awarded custody if the other parent has severe mental illness, drug addiction, or is violent themselves. Nonetheless, you must always take any allegation of family violence seriously.

Inquire a Mississippi family police attorney to review your criminal history and then that you can address whatsoever problems before appearing in court.

Grandparent Visitation

Many grandparents seek to maintain contact with their grandchildren. Mississippi custody laws permit grandparents to seek visitation. However, there are limitations. Mississippi Code 93-sixteen-3 lays out when y'all may seek visitation with a grandchild:

• If your kid dies (i.e., the grandchild's parent);
• If your kid was not granted kid custody; and
• A judge terminated your child's parental rights.

In these situations, it is difficult for grandparents to encounter their grandchildren, so the courtroom might step in and grant you visitation rights. You volition need to file your request in the right court, so meet with a Mississippi child custody lawyer to talk over the adjacent steps.

If ane of the above situations does not employ, grandparents can still seek visitation if they tin show:

• You have a viable relationship with your grandchild and the child'due south parent or guardian has unreasonably denied yous visitation.
• Visitation would be in the child'south all-time interests.

The best interests analysis will rely on many of the same factors listed higher up in the discussion about kid custody.

Conflicts around kid custody and visitation are some of the most emotional that we run across hither at the Harris Law Business firm. Our team of attorneys has helped many parents and grandparents maintain contact with their loved ones, and nosotros are anxious to run into with you.

To find out more about whether you have a valid claim to custody or visitation, please schedule a consultation with one of our lawyers.

You tin achieve us by calling 662-262-8430.

Mississippi child custody laws tin can become complex and confusing. Don't hesitate to contact one of our child custody attorneys today.

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Source: https://harrislawfirm.com/articles/mississippi-child-custody-laws/