Child Custody
Child custody determination in Mississippi, as in many jurisdictions, is a complex process centered on the best interests of the child. This guiding principle influences all decisions made by the courts regarding who will be granted custody and what form that custody will take. Here, we will explore how this determination is made, considering various factors that influence the court's decisions.
The Best Interests of the Child
At the heart of any child custody decision in Mississippi is the child's best interests. This broad and somewhat subjective standard includes several factors designed to assess the most beneficial living arrangement for the child's overall welfare. These factors are as follows:
Age, health and gender of the child.
Parent having continuity of care prior to the separation.
Parent with best parenting skills and willingness and capacity to provide primary child care.
Employment of the parent and responsibilities of that employment.
Physical and mental health and age of the parent.
Emotional ties of parent to child.
Moral fitness of the parent.
Home, school and coomunity record of the child.
Preference of the child at age sufficient to express a preference.
Stability of parent’s home environment and employment of each parent.
Relative financial situation of the parents.
Difference in religion of the parents.
Differences in personal values of the parents.
Differences in lifestyle of the parents.
Other factors relevant to the parent-child relationship.
Types of Custody in Mississippi
Mississippi recognizes several types of custody arrangements:
- Physical Custody: Determines where the child will live.
- Legal Custody: Pertains to decision-making authority regarding the child’s education, health care, and religious upbringing.
- Sole Custody: One parent is granted both physical and legal custody.
- Joint Custody: Both parents share physical and/or legal custody of the child.
The state has a preference for joint custody arrangements, as these are generally seen to be in the best interests of the child, ensuring that the child maintains a meaningful relationship with both parents. However, the specifics of each case can lead to different arrangements.
Modification of Custody
In order to modify a prior custody order, one must prove there has been a material change in circumstances adversely effecting the minor child and it is in that child’s best interest to change custody.
The determination of child custody in Mississippi is a multifaceted process designed to ensure the best possible outcome for the child. By considering a variety of factors related to the child's welfare and the capabilities of each parent, the courts aim to make decisions that will provide a stable, healthy environment for the child's development. While the process can be emotionally challenging for all involved, the focus remains steadfastly on the well-being of the child, ensuring that their best interests are at the forefront of any custody arrangement.
