Understanding Mississippi child custody laws is essential for any parent going through a divorce or separation. This comprehensive guide covers the types of custody Mississippi recognizes, how courts determine the best interests of the child, parenting plan requirements, relocation rules, and how to modify existing custody orders. Whether you are negotiating a custody agreement or preparing for a custody hearing, this guide explains Mississippi’s custody framework in clear terms.
Verified against Mississippi family law statutes as of April 2026.
In This Mississippi Custody Guide:
Types of Custody in Mississippi
Mississippi recognizes several types of custody arrangements:
| Type | Description |
|---|---|
| Legal Custody | The right to make major decisions about the child’s education, healthcare, and religious upbringing. |
| Physical Custody | Where the child primarily lives on a day-to-day basis. |
| Joint Custody | Both parents share legal custody, physical custody, or both. |
| Sole Custody | One parent has exclusive legal or physical custody. |
Joint custody presumption: YES — TWO LAYERS. (1) CURRENT LAW (pre-July 1, 2026): Under Miss. Code Ann. § 93-5-24, there is a presumption that joint custody is in the best interest of a minor child ONLY when BOTH parents have agreed to joint custody. There is no general presumption favoring joint custody when parents disagree. There is also explicitly NO presumption favoring maternal custody. (2) NEW LAW — HB 1662 (effective July 1, 2026): Governor approved HB 1662, which creates a rebuttable presumption that equal physical custody (50-50 parenting time) serves the child’s best interests in ALL custody determinations. Judges who deviate from the 50-50 presumption must document their reasoning in written findings. Cases filed before July 1, 2026 are decided under the existing Albright factor test; only new filings on or after July 1, 2026 fall under the 50-50 presumption framework. Courts may deviate from 50-50 when evidence demonstrates: domestic violence, substance abuse, child abuse or neglect, abandonment, conviction of certain felonies, geographic distance making equal time impractical for school-age children, or a child’s special needs requiring primary residence with one parent.
Mississippi Best Interest of the Child Standard
The best interests of the child standard is the primary framework Mississippi courts use for all custody decisions. This standard considers what arrangement will best serve the child’s physical, emotional, and developmental needs.
Mississippi courts evaluate these best interest factors when making custody decisions:
- Mississippi courts use the Albright factors from Albright v. Albright
- 437 So. 2d 1003
- 1005 (Miss. 1983). The polestar consideration is the best interest of the child. The enumerated factors are: (1) Age
- health
- and sex of the child; (2) Determination of which parent had continuity of care prior to the separation; (3) Which parent has the best parenting skills and which has the willingness and capacity to provide primary child care; (4) The employment of the parent and responsibilities of that employment; (5) Physical and mental health and age of the parents; (6) Emotional ties of parent and child; (7) Moral fitness of the parents; (8) The home
- school
- and community record of the child; (9) The preference of the child at the age sufficient to express a preference by law; (10) Stability of home environment and employment of each parent; (11) Other factors relevant to the parent-child relationship. IMPORTANT NOTES: Marital fault should NOT be used as a sanction in custody awards. Relative financial situations are NOT controlling since the duty to support is independent of the right to custody. A chancellor is NOT obligated to award custody to the parent who was favored on more factors — chancellors often find one or two factors decisive.
Child’s preference: In Mississippi, a child’s custody preference may be considered when the child reaches 12 years old. Under Mississippi law, a child age 12 or older may express a custody preference to the court if the court considers both parents fit. The child may express preference through: (1) an in-chambers interview with the judge (parents excluded; attorneys and court reporter present), or (2) filing a written custodial preference statement/affidavit with the court (no testimony required). The judge is NOT bound by the child’s preference but must state on the record exactly why the child’s preference is not in his or her best interest if the judge overrules it.. The weight given to the child’s preference increases with age and maturity. The court considers the child’s reasoning and whether the preference is influenced by a parent.
Mississippi Parenting Plans
Mississippi requires parents to submit a parenting plan as part of custody proceedings. A Mississippi parenting plan must address five required topics: (1) Physical custody — designating whom the children will live with; (2) Parenting time schedule — outlining exactly when the child will be with each parent; (3) Legal custody — which parent has decision-making authority for major decisions about school, extracurriculars, religion, healthcare; (4) Child support — calculated under Mississippi child support guidelines; (5) Health insurance and healthcare — how parents share costs or whether one parent takes responsibility. Additionally, under Uniform Chancery Court Rule 8.06, the plan must include a provision requiring parents to notify each other of a change of address or phone number within five (5) days, and in the event of a natural disaster, the parent with the child must notify the other parent of the child’s well-being and whereabouts as soon as possible.
Key elements of an effective parenting plan:
- Regular residential schedule (weekdays, weekends, overnights)
- Holiday and school vacation rotation
- Transportation arrangements and pickup/drop-off logistics
- Decision-making authority (education, healthcare, extracurriculars)
- Communication methods between parents and between parent and child
- Dispute resolution process (mediation before court)
- Right of first refusal when a parent is unavailable
Mississippi Custody Relocation Rules
Mississippi has NO specific statewide relocation statute governing custodial parent moves. Unlike most states, Mississippi does not require advance notice to the other parent or court approval before relocating with children. However: (1) Under Uniform Chancery Court Rule 8.06, all custody orders require parents to notify the other parent and the court of a new address within five (5) days AFTER moving; (2) Parents may include relocation notice provisions in their divorce settlement agreement, which become enforceable once incorporated into the court order; (3) Without a pre-existing agreement, the non-relocating parent may petition the court to modify custody based on the move, and the court will evaluate the circumstances of the relocation and its effect on the child using the material change in circumstances standard.
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Notice requirement: The relocating parent must provide No statutory advance notice requirement. Post-move notice of address change required within 5 days under Uniform Chancery Court Rule 8.06. Individual custody orders or settlement agreements may impose additional notice requirements. days advance written notice to the other parent.
The court evaluates whether the move serves the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified visitation schedule can preserve that relationship.
Modifying Mississippi Custody Orders
Mississippi uses a two-part test for modifying custody orders: (1) The moving party must prove by a preponderance of the evidence that, since entry of the original judgment or decree, there has been a MATERIAL CHANGE IN CIRCUMSTANCES which adversely affects the welfare of the child; (2) If such an adverse change is shown, the moving party must prove by a preponderance of the evidence that the BEST INTEREST OF THE CHILD requires the change of custody. Both prongs must be satisfied. See Riley v. Doerner and related case law. Example: In Ash v. Ash (Miss. 1993), a mother’s continued refusal to allow father visitation over seven years was held to be a material change in circumstances. NOTE: Under HB 1662 (effective July 1, 2026), it is unclear whether the modification standard will change for cases filed under the new 50-50 presumption framework — this should be monitored.
Common modification triggers: parent relocation, change in child’s needs, substance abuse, domestic violence, parent’s work schedule change, child reaching an age where preferences are considered, or one parent consistently violating the existing order.
Special Circumstances in Mississippi Custody
Domestic violence: Under Miss. Code Ann. § 93-5-24, there is a REBUTTABLE PRESUMPTION that it is detrimental to the child and NOT in the child’s best interest to be placed in sole custody, joint legal custody, or joint physical custody of a parent who has a history of perpetrating family violence. A “history of perpetrating family violence” can be established by the court finding, by a preponderance of the evidence: (1) one incident of family violence resulting in serious bodily injury, OR (2) a pattern of family violence against the alleging party or a family/household member. The court must make written findings documenting how and why the presumption was or was not triggered. The presumption may only be rebutted by a preponderance of the evidence, and the court must make written findings documenting how and why it was or was not rebutted. If visitation is awarded to a parent with a DV history, the court must find adequate provision for the safety of the child and the victim parent. The court may order supervised visitation by a responsible third party or agency, or suspend visitation entirely in extreme cases. The court considers whether the perpetrator has completed treatment/counseling/parenting classes and complied with probation, parole, or protective orders.
Grandparent visitation: YES — Mississippi allows grandparent visitation under Miss. Code Ann. § 93-16-1 through § 93-16-7 (Chapter 16: Grandparents’ Visitation Rights). Two pathways exist: (1) AUTOMATIC PETITION RIGHT (§ 93-16-3(1)): When a court enters a custody decree awarding custody to one parent, terminates the parental rights of one parent, or one parent dies, the parents of that parent (i.e., the child’s grandparents) may petition the court for visitation. (2) DISCRETIONARY PETITION RIGHT (§ 93-16-3(2)): Any grandparent not covered under subsection (1) may petition chancery court for visitation if: (a) the grandparent established a “viable relationship” with the child AND the parent/custodian unreasonably denied visitation, AND (b) visitation would be in the child’s best interests. “VIABLE RELATIONSHIP” is defined as: the grandparent(s) voluntarily and in good faith supported the child financially (whole or part) for at least 6 months before filing, OR had frequent visitation including occasional overnight visitation for at least 1 year, OR the child was cared for by the grandparent(s) over a significant period while the parent was in jail or on military duty. Petition must be filed in the county where a custody order was previously entered, or if none, in the county where the child resides.
Unmarried parents: In Mississippi, the unmarried birth mother automatically receives sole legal and physical custody of the child. An unmarried father has NO custodial rights until paternity is legally established. Paternity can be established by: (1) Voluntary acknowledgment — both parents sign an Acknowledgement of Paternity form (can be done at the hospital and filed with the birth certificate); (2) Court-ordered paternity — the mother, alleged father, or child may file a complaint to establish paternity before the child turns 18 (support cases up to age 21); (3) Genetic testing — if blood/DNA testing shows 98% or greater probability of fatherhood, the court will presume paternity. Once paternity is established, the father has equal legal rights to custody and visitation and may petition the court. Custody is then determined under the same best interest (Albright factors) standard as for married parents. If the mother demonstrates the father poses a serious risk of harm, supervised visitation or sole maternal custody may be ordered. See Miss. Code Ann. § 93-11-65.
Guardian ad litem: YES — Mississippi courts may appoint a guardian ad litem (GAL) in custody cases. In chancery court custody disputes (divorce cases), a GAL may be appointed at the court’s discretion when the child’s interests require independent representation, particularly in high-conflict cases or where abuse/neglect is alleged. The GAL must have received child protection and juvenile justice training provided by or approved by the Mississippi Judicial College within the year preceding the appointment. The GAL may be a suitable attorney or a suitable layperson (if a layperson is appointed, the court must also appoint an attorney for the child). The GAL has authority to review all relevant documents and interview all parties and witnesses. In youth court proceedings (Miss. Code Ann. § 43-21-121), GAL appointment is mandatory in specific circumstances: when personal jurisdiction over a parent cannot be obtained, when a parent is a minor or of unsound mind, when the parent is indifferent to the child’s interest, in every case involving an abused or neglected child, or when the court finds appointment is in the child’s best interest.
Additional Mississippi rules: (1) NO MATERNAL PREFERENCE — Mississippi explicitly abolished the maternal preference/tender years doctrine; § 93-5-24 states there is no presumption favoring the mother for either legal or physical custody. (2) MARITAL FAULT IS IRRELEVANT — Under Albright, marital fault (adultery, etc.) should not be used as a sanction in custody awards. (3) FINANCIAL STATUS NOT CONTROLLING — The relative financial situations of the parents are not controlling since the duty to support is independent of the right to custody. (4) HB 1662 TRANSITION (effective July 1, 2026) — Mississippi is transitioning to a 50-50 equal custody presumption, becoming approximately the sixth state with such a law. Cases filed before July 1, 2026 use Albright factors; cases filed on or after July 1, 2026 use the new 50-50 presumption. The new law also replaces the percentage-of-income child support formula with an income-shares model. (5) RULE 8.06 NATURAL DISASTER PROVISION — Unique requirement that during a natural disaster, the parent with the child must notify the other parent of the child’s well-being and whereabouts as soon as possible. (6) CHANCELLOR DISCRETION — Mississippi chancellors are not required to award custody to the parent favored on more Albright factors; one or two factors may be decisive.
Official Sources & Resources
- Cornell LII — Child Custody: law.cornell.edu
- NCSL Custody Laws: ncsl.org
- Mississippi Custody Statute: Primary statute: Miss. Code Ann. § 93-5-24 (types of custody, joint custody, no maternal preference, DV rebuttable presumption, custody factors, visitation orders). Additional statutes: Miss. Code Ann. § 93-11-65 (custody and support of minor children, unmarried parents, military duty provisions); Miss. Code Ann. § 93-16-1 through § 93-16-7 (grandparent visitation rights); Miss. Code Ann. § 43-21-121 (guardian ad litem appointment). Key case law: Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) (best interest factors). Pending legislation: HB 1662 (2026 Regular Session) — 50-50 custody presumption, effective July 1, 2026.
Last verified April 2026. Contact us if you notice outdated information.