Mississippi child custody 2025

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A judge awards both physical and legal custody. Physical custody is where the child actually lives. Legal custody gives a parent the decision-making authority concerning the childs health, education and welfare. The judge may grant either or both custody designations to both parents, one parent, or a third party.
Under state law, an unmarried mother automatically has sole custody of a child at birth. The father does not have any legal parental rights unless he takes steps to establish paternity.
Each parent can receive joint legal and physical custody. Both parents might receive joint legal custody, but one parent will have physical custody.
Fathers who have primary custody of their child have the same right to seek child support as mothers would in the same situation. Additionally, they can seek the assistance of the Mississippi Division of Child Support Enforcement if help collecting support is needed.
The parent has failed to exercise reasonable visitation or communication with the child. The parents abusive or neglectful conduct has caused, at least in part, an extreme and deep-seated antipathy by the child toward the parent, or some other substantial erosion of the relationship between the parent and the child.
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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).
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.

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