Child Custody Laws in Mississippi
How courts in Mississippi decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.
Short answer: Custody is awarded according to the best interests of the child, as joint physical and legal custody, joint physical or joint legal custody with the other type to one parent, or sole custody to one parent (or to a third person if both parents are unfit or have abandoned the child). Miss. Code Ann. §§ 93-5-24, 93-11-65
| Child custody | Custody is awarded according to the best interests of the child, as joint physical and legal custody, joint physical or joint legal custody with the other type to one parent, or sole custody to one parent (or to a third person if both parents are unfit or have abandoned the child). In an irreconcilable differences divorce, joint custody may be awarded on application of both parents; in other cases, on application of one or both. There is a presumption that joint custody is in the child's best interest when both parents agree to it. If both parents are fit, the court may consider the preference of a child 12 or older about which parent to live with, and must explain on the record why the child's wishes were or were not followed. Mirror source (FindLaw, current as of January 1, 2025). Preference rule: https://codes.findlaw.com/ms/title-93-domestic-relations/ms-code-sect-93-11-65.html |
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| Emergency and temporary custody | A chancellor may, on reasonable notice, hear requests for temporary custody of children (and temporary alimony and child support) while a divorce is pending, including while holding court anywhere in the chancery district. Source: Miss. Code Ann. § 93-5-17(2)-(3) |
Where to get help in Mississippi
More Mississippi divorce & family law
- Getting a Marriage License in Mississippi
- Adopting a Child in Mississippi
- Guardianship of a Child or Adult in Mississippi
- Establishing Paternity in Mississippi
- Changing Your Name in Mississippi
- How Child Support Is Calculated in Mississippi
- Divorce Records in Mississippi
- Alimony and Spousal Support in Mississippi
- How to File for Divorce in Mississippi
- Legal Separation and Annulment in Mississippi
- All Mississippi divorce & family law rules
FAQ
How is child custody decided in Mississippi?
Custody is awarded according to the best interests of the child, as joint physical and legal custody, joint physical or joint legal custody with the other type to one parent, or sole custody to one parent (or to a third person if both parents are unfit or have abandoned the child). In an irreconcilable differences divorce, joint custody may be awarded on application of both parents; in other cases, on application of one or both. There is a presumption that joint custody is in the child's best interest when both parents agree to it. If both parents are fit, the court may consider the preference of a child 12 or older about which parent to live with, and must explain on the record why the child's wishes were or were not followed.
How do you get emergency custody in Mississippi?
A chancellor may, on reasonable notice, hear requests for temporary custody of children (and temporary alimony and child support) while a divorce is pending, including while holding court anywhere in the chancery district.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.