Everything a Parent Should Know About Child Custody and Visitation In Mississippi
When parents separate or divorce, questions about where children will live and how decisions will be made are often the most important—and the most emotional—issues. You want to protect your children, maintain a strong relationship with them, and ensure their daily lives remain as stable as possible. At the same time, you may feel uncertain about your rights or intimidated by the legal process.
Understanding how the entire system and rules work can help you make stable choices that protect your children’s well-being and your rights as a parent.
Let’s Break it Down
In Mississippi, custody is divided into two main categories:
Legal Custody – This refers to decision-making authority for your child. In most cases, both parents share joint legal custody. This means each parent has the right to access school and medical records, attend important events, and participate in major decisions about the child’s education, healthcare, and religious upbringing.
Physical Custody – This refers to where your child primarily lives. The parent who has physical custody is often called the custodial parent, while the other parent has visitation (also known as parenting time). Many parents who request “sole custody” are actually asking for primary physical custody. In reality, the courts rarely grant one parent complete control without the involvement of the other, since maintaining a relationship with both parents is generally seen as being in the child’s best interest.
Custody Arrangements
Every custody case starts with the question: Who will our child live with? Once that is determined, the next step is deciding the other parent’s schedule of parenting time.
The law doesn’t see visitation as “just visits.” Instead, it’s considered valuable parenting time. This perspective reflects the belief that both parents should remain actively involved in raising their children, not just spending occasional weekends together.
Typical Parenting Time Schedules
While every family is unique, the courts in Mississippi often use a standard parenting schedule as a starting point to go off of:
Weekends: Every other weekend, Friday at 6 p.m. through Sunday at 6 p.m.
School Breaks: Alternating spring and fall breaks.
Thanksgiving: Alternating the holiday from the end of school until Sunday evening.
Christmas: One parent has time from the start of the holiday break through Christmas Day; the other parent has time from Christmas Day through the day before school resumes.
Summer: A minimum of four weeks with the non-custodial parent.
This standard schedule doesn’t have to be copied and pasted as your family’s plan. Parents are absolutely free to negotiate, agree upon, or request parenting time schedules that better fit their children’s routines and personal circumstances.
Factors Courts Consider in Custody Decisions
If parents cannot agree on a plan, the court will step in to make custody decisions. Judges consider many factors, but the ruling principle is always the best interest of the child. Some of the factors include:
The child’s relationship with each parent.
Each parent’s ability to provide a stable environment.
The child’s adjustment to school, community, and home life.
The willingness of each parent to encourage a relationship with the other parent.
Any history of abuse, neglect, or substance abuse.
Knowing these can help parents prepare for custody discussions with a realistic view of what the court values.
Finding What Works Best for Your Family
No two families are exactly alike, and custody arrangements should reflect the specific needs of your children. Parents are encouraged by the courts to work together to create parenting plans that serve the child’s best interests, whether that means adjusting weekend schedules, sharing holidays differently, or dividing summers in another way.
A well-made custody and visitation plan ideally should give your children a sense of stability during a difficult transition.
Common Problems to Watch out for
Even with the best intentions, custody and visitation cases are rarely that simple. Parents often find themselves struggling to communicate effectively, disagreeing over schedules, or worrying about their child’s safety and well-being. Busy work demands can interfere with parenting time, and in some cases, parents live in different states, which adds another layer of difficulty. Holiday traditions and vacations can also become points of problems, and as children grow older, their changing needs may require adjustments to existing custody arrangements. A legal guide can help you prepare for all these points beforehand so that they never turn into a problem.
Parental Relocation
When one parent wants to move a significant distance away with the child, the law imposes specific notice requirements and procedures. Courts evaluate whether the move is in the child’s best interest and how it affects the other parent’s ability to maintain a relationship with the child. This can be one of the most complicated areas of custody law, and having experienced legal help is crucial to ensuring a good outcome.
Updating Custody Orders
Life changes. Parents relocate, children’s needs evolve, or work schedules shift. When circumstances significantly change, it’s possible to tweak existing custody or visitation orders. Having legal guidance ensures your request is properly presented and your child’s best interests are protected.
Moving forward
These challenges can feel overwhelming, but you don’t have to face them on your own. An experienced attorney can step in to provide both legal help and emotional support, helping you handle disagreements while keeping the focus on your child’s best interests. We hope this article provided you with the information you were looking for. If you have any further questions, please don't hesitate to contact us today.