Updated July 12, 2023
A Mississippi custody (parenting) plan is a document that allows parents of a minor child to outline their plans for ongoing childcare after separation or divorce. It delegates responsibilities and decision-making rights to each parent and describes the child’s living arrangements, scheduling, and other important factors of custody.
Child Custody Factors
Mississippi courts use a set of standards known as “Albright Factors” when determining what’s in the best interest of a child. These factors include:
- Age, health, and sex of the child
- Determination of the parent who had the continuity of care prior to the separation
- Each parent’s parenting skills, willingness, and capacity to provide primary childcare
- Emotional ties between each parent and child
- The moral fitness of each parent
- The home, school, and community record of the child
- The preference of the child if of age
- Stability of home environment and employment of each parent
- Other factors relevant to the parent-child relationship
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How to File for Custody in Mississippi
1. Agree on a Parenting Plan
For divorcing parents in Mississippi, custody is typically a part of the divorce proceedings. Because Mississippi courts presume joint custody to be in the child’s best interest, they will almost always approve it. As such, it is highly recommended that both parents try to reach an agreement on the terms of custody prior to filing in court.
The custody agreement (or parenting plan) should outline the type of custody that each parent will have, the child’s living arrangements, each parent’s decision-making authority, and other related issues.
2. Calculate Child Support
Use the Mississippi Child Support Guidelines to estimate the amount of child support that may be ordered in court. Factors that determine the amount include each parent’s adjusted gross income, the child’s medical expenses, the number of children under each parent’s care, and more.
3. File the Petition
File the petition for custody in the court of the county where the child resides. If the parents were unable to reach an agreement, the petitioning parent must serve the petition to the other parent.
4. Receive Court Order
If a petition for joint custody was filed, it will likely get approved by the court without difficulty. However, if the parents were unable to reach an agreement, the court may grant a temporary custody order and order them to work with a mediator to resolve any standing issues. If mediation does not prove to be effective, the custody case will likely go to trial.
Custody Laws
- Child’s preference: The court may consider the preference of a child age 12 or older if both parents are determined to be fit for custody. (§ 93-11-65)
- Grandparents’ visitation rights: Title 93, Chapter 16
- Mississippi Termination of Parental Rights Law: Title 93, Chapter 15
- Non-custodial parent’s right of access: § 93-5-26
- Uniform Child Custody Jurisdiction and Enforcement Act: Title 93, Chapter 27
Related Forms
