Family Law in Mississippi

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Commonly Asked Questions about Family Law in Mississippi

Can an unmarried father take a child from his mother in Mississippi?

In Mississippi, when a couple who is not married has a child together, the mother automatically has sole custody of the child. The father can only claim those rights that he asserts. If the childs father would like to have shared custody of the child, he must establish paternity.

What is the common law wife in Mississippi?

Common law marriage isnt legal in Mississippi, which means that no number of years living with your partner constitutes a common law marriage. Mississippi did recognize common law marriage until 1956, but today, common law marriage isnt recognized in Mississippi.

Is Mississippi a 50 50 custody state?

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

Do fathers have rights in Mississippi?

When a couple is married and they have a child together, the father is presumed to be the childs father and he automatically enjoys all of the rights, privileges and responsibilities that fatherhood brings.

What are the factors for child custody in Mississippi?

These include the health and sex of the child, the primary caregiver prior to the divorce, parenting skills and willingness to care for the child, the emotional ties between child and parent, and each parents moral fitness.

How is child custody determined in Mississippi?

The parenting skills of each parent. The willingness of each parent to provide primary care for the child. The employment of each parent and the responsibilities this employment carries. The age, physical health, and mental health of each parent.

How to get full custody of a child in Mississippi?

You will need to file a petition for custody in the proper court, usually in the county where the child resides or is physically present. Once the petition is filed, you will need to serve your childs other parent.

At what age can a child decide which parent to live with in Mississippi?

When can my child decide which parent to live with? A child never has an automatic right to choose which parent to live with; however, a child that is age 12 or older will have the right to state a preference that will be considered as part of the Albright best interest of the child test.