Hiring a Child Custody Lawyer in Mississippi
How courts in Mississippi decide custody, emergency custody, parenting classes, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in Mississippi: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. The agreement must be in writing and state how the fee is figured, including percentages on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses come out before or after the fee is calculated. At the end, the lawyer must give a written statement of the outcome and the client's share. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. |
|---|---|
| If you disagree with a lawyer's bill | The Mississippi Bar's Fee Dispute Resolution Committee offers free mediation or arbitration of fee disagreements between clients and lawyers (and between lawyers). It is voluntary: each side must separately agree, and the consent form must be returned within 15 days or the matter is closed. Mediation is non-binding unless the parties sign an agreement (enforceable in court); arbitration produces a decision binding on both sides. Fee disputes involving a rule violation go through the grievance process instead. |
Mississippi rules to know first
| How custody is decided | 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 Source: Miss. Code Ann. §§ 93-5-24, 93-11-65 (secondary source: public copy of the state code; check the official code) |
|---|---|
| Emergency 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) (secondary source: public copy of the state code; check the official code) |
| Grandparents' rights | When a court awards custody of a child to one parent, ends one parent's rights, or a parent dies, that parent's parents may ask the court for visitation. Other grandparents may petition if they had a viable relationship with the child and the parent or custodian unreasonably denied visitation, and visitation is in the child's best interests. A viable relationship means the grandparent supported the child financially for at least 6 months, had frequent visits including occasional overnights for at least 1 year, or cared for the child while a parent was in jail or on military duty. If the parents show financial hardship, the court must order the grandparents to pay the parents' reasonable attorney's fees. Mirror source (FindLaw, current as of January 1, 2025). Source: Miss. Code Ann. § 93-16-3 (secondary source: public copy of the state code; check the official code) |
Find and check a lawyer
| Lawyer referral service | The Mississippi Bar does not run a lawyer referral service; its Consumer Assistance Program "does not maintain referral lists of Mississippi attorneys" and cannot recommend a specific attorney. The Bar offers an online Find a Lawyer directory of Mississippi attorneys (msbar.reliaguide.com) and a How to Select a Lawyer guide; the Consumer Assistance Program, (601) 948-2344, can suggest websites for locating an attorney. |
|---|---|
| Check that the lawyer is licensed | The Mississippi Bar's Office of General Counsel, at (601) 948-0568, can confirm a Mississippi lawyer's current status and whether the lawyer has received public discipline (public reprimand, suspension or disbarment). Other information cannot be released without the lawyer's signed release. |
| Check discipline history or file a complaint | To file a grievance against a Mississippi lawyer, first contact the Mississippi Bar's Consumer Assistance Program at (601) 948-2344 (weekdays 8 a.m.-5 p.m.) or PO Box 2168, Jackson, MS 39225-2168. If warranted, CAP sends a grievance form to complete and return to the Bar's Office of General Counsel. Grievances generally must be filed within three years after discovering the misconduct, except those involving dishonesty or mishandling of funds. The Committee on Professional Responsibility meets four times a year and notifies you in writing within a month of its decision; outcomes include informal admonition, private or public reprimand, or a formal complaint to the Supreme Court. Complainants cannot appeal or withdraw a grievance. Public discipline can be confirmed by calling the Office of General Counsel at (601) 948-0568. |
Free legal help
| Free legal aid | Mississippi's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Mississippi Center for Legal Services (43 counties in South Mississippi) and North Mississippi Rural Legal Services (39 counties in North Mississippi), both reachable at 1-800-498-1804; most programs require income below 125% of the federal poverty level. The Mississippi Volunteer Lawyers Project (601-960-9577) offers volunteer attorney referrals and clinics, and Mission First Legal Aid Office (601-608-0056) serves Hinds, Madison and Rankin counties. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
|---|
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
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.