What Is Joint Legal Custody in Mississippi

The child`s preference is not a substitute for the court`s decision. In fact, a child`s wishes where he or she prefers to live are only one of many factors that the court must take into account in its custody decision. In situations where the judge finds that an alternative arrangement is in the best interests of the child, the judge will override the child`s preference. In this case, the judge will formally explain why he or she made this custody decision. Almost always, someone has to pay child benefits. Section 43-19-101 of the 1972 Code sets out guidelines for assisting children. Even in shared custody situations, someone is asked to pay child support most of the time. The court custody process is usually very lengthy and can be emotionally and financially stressful. If you are representing yourself in court, you can learn more about the court process and how to present evidence in our document Preparing for Trial – Alone. If you`re able to hire a lawyer, you can use this list of questions as a guide to deciding who to hire.

(a) Joint physical and legal custody of both parents in accordance with paragraphs 2 to 7. As Mississippi law makes clear, parents can obtain both or both types of custody. For example, if this applies to your situation, you can call your local law enforcement agency to report the situation. You can also contact a competent lawyer to find out what is best for your situation. Please visit our Find a Lawyer page for legal advice. In Mississippi, as in all states, custody decisions are made in the best interests of the child. Judges may consider a number of factors, including the health and stability of each parent, the child`s attachment to each parent, and the child`s preference. In many cases, a judge will grant joint custody. There are a variety of joint custody arrangements, but at least joint custody means that parents are involved in decision-making about the child.

There are several ways to establish paternity (legal paternity) in Mississippi: (c) For the purposes of this section, “joint physical custody” means that each parent has significant periods of physical custody. Joint custody is shared between the parents in order to ensure frequent and sustained contact with both parents for a child. As you might expect, the better the parent`s history of co-parenting, the more likely it is that some form of joint custody will be forgiven. The more stories the parents argue, the less likely it is that joint custody will be granted. Initial custody orders may be varied in certain cases, provided that the parent applying for a change can demonstrate a substantial change in circumstances that is now detrimental to the best interests of their children. The burden of proof rests with the applicant parent. Most divorce cases in Mississippi are finally resolved before going to trial. Judges often order mediation when children are involved and parents cannot agree on custody. If one parent wants joint custody and the other wants sole custody, the mediator hears both parties, informs the parties of the weaknesses in their case, and encourages the parents to reach an agreement. If the parents reach a settlement, it becomes legally binding when the judge signs it. Mississippi, like other states, created a law to determine child custody and visitation. In some cases, to protect your child from imminent danger from the abuser, it is appropriate to initiate proceedings to request custody and supervised visits.

To find out what`s best for you, please visit our Find a Lawyer page for legal advice. The best interests analysis is based on many of the factors listed above in the child custody discussion. You must file an application for custody with the appropriate court, usually in the county where the child resides or is physically present. Once the application is filed, you must serve your child`s other parent. After weighing the best interests of the child, the judge may order one or a combination of the following custody arrangements: Mississippi`s custody laws are listed in the table below. Created by FindLaw`s team of writers and legal writers| Last updated June 20, 2016 During the court proceedings, you will try to prove why you should have custody of your child. Court preparation can help you gather evidence to help you understand why you should have custody of the child. This process should be guided by the factors that the judge should consider under the law when deciding on custody. You can see, how will a judge make a custody decision? for more information. It`s important to keep in mind that the judge focuses on what`s in your child`s best interest, and many states believe it`s a relationship with both parents. (b) For the purposes of this section, “physical custody” means the periods during which a child resides with one (1) parent or is under the care and supervision of one (1) parent.

1. if the perpetrator of the family violence has demonstrated that the transfer of sole or joint physical or legal custody of a child to the offender is in the best interests of the child because of the absence of the other parent, mental illness, substance abuse or other circumstances affecting the best interests of the child or children; Some people choose not to get a custody order because they do not want to go to court. They may have an informal arrangement that works well for them, or they may think that going to court will provoke the other parent. However, if you receive a custody order, you may have the right to make decisions about your child and the right to have your child live with you. A three-step test governs a change of guard request. 9. (a) (i) In any proceedings in which custody of a child is challenged, there is a rebuttable presumption that transfer to sole custody, joint custody or joint custody of a parent who has engaged in domestic violence in the past is in the best interests of the child. The court may establish a history of domestic violence if, on a balance of probabilities, it finds that there has been one (1) incident of domestic violence resulting in serious bodily harm or a tendency to domestic violence against the alleging party or a member of the family household of one of the parties. The court makes written submissions to document how and why the presumption was or was not triggered. To find out if you have legitimate custody or visitation rights, please schedule a consultation with one of our lawyers. You can reach us by phone at 662-262-8430.

Mississippi`s custody laws can become complex and confusing. Do not hesitate to contact one of our guard lawyers today. Ultimately, that decision is left to the Court of Chancery unless you and your spouse reach an agreement. To determine custody, the court will use the Albright factors to determine what is in the “best interests of the child.” The factors are as follows: Third, if an adverse change is demonstrated, the party proposing the person moving must also prove that the best interests of the child require the change of custody. Mississippi detention lawyers provide answers to frequently asked questions about Mississippi detention and Mississippi`s detention laws. Mississippi law states that if you are a parent, you have the right to receive information about your child, whether or not you have custody. You have the right to access the child`s records, including medical, dental and school records, even if the other parent has sole custody.