1) Actual or Substantial Harm 2)Risk of Harm 3) No Harm Required Content Detail. Under subsection (1): Whenever a court of this state enters a decree or order awarding custody of a minor child to one of the parents of the child or terminating the parental rights of one of the parents of a minor child, or whenever one of the parents of a minor child dies, either parent of the child’s parents may petition the court, in which the decree or order was rendered or, in the case of the death of  a parent, petition the chancery court in the county in which the child resides, and seek visitation rights with the child. Be aware of the Albright factors and always keep the best interest of the child in mind when making decisions. Sole physical custody means that one parent has the child for the majority of the time and the other parent has visitation. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. A child turning 12 years old does not automatically constitute a material change of circumstances by itself. Even in joint physical custody situations, someone is ordered to pay child support most of the time. You should have her served with a summons and complaint for divorce within six months of her moving, so that where she moves does not become the home state of the child. Then a trial will be had in the chancery court and the chancellor will decide. Moreover, when joint physical custody is awarded, a child will normally spend a significant time with both parents. This means that if the non-custodial … Judges in Mississippi are authorized to order either joint or single-parent custody of a child subject to a custody dispute. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. Office in Ridgeland, MS. In the basic formula, the nonresidential parent's gross income is determined and then allowable deductions are made. Stay up-to-date with how the law affects your life, Name Grandparent Visitation Rights Recognized? All rights reserved. any other factors relevant to the parent-child relationship. Phone and Virtual Consultations Available! In Mississippi, “visitation” is the time a child spends with a noncustodial parent and is a very important subject for many parents involved in divorce or custody cases. Generally, a child younger than the age of 12 will not need to appear in court unless there is a dangerous situation that they are needed to testify about. While both parents will be allowed to obtain emergency medical treatment for their child, only a parent with legal custody can determine where a child will go to school, church, or the doctor's office. Testifying in court can have a very negative impact on a child and should be avoided when possible. In some cases, parents are able to come to their own custody arrangement, and courts will normally honor those agreements. Sorting out the emotional and legal issues of child custody can be difficult. Mississippi family courts and professionals often prefer that joint custody be awarded because it is seen as being in the best interest of the child if both co-parents are cooperating and working together to raise their child. No, they are not supposed to do that; however, if the child is really young, it sometimes happens. Mississippi may modify a joint custody award if a party presents evidence of a material change of circumstances. If they cannot agree, a court may have to decide any contested custody issues in a hearing. Law and Religion in Child Custody Cases. A Federal law that was created in an attempt to reduce interstate conflicts over jurisdiction and discourage “forum shopping” by parents who are dissatisfied with an existing or pending custody order made pursuant to the laws of their child’s “home state.”. Family courts in Mississippi are generally able to consider any factor that could be relevant to the child’s best interests, safety, and wellbeing. That a parent makes the decision-making rights with regard to the child really! Legal and physical that is entered recommend using Google Chrome, Firefox, or Microsoft Edge to navigate, enter! Non-Custodial parent gets with the child ’ s education, health and welfare avoided when.... Does not automatically constitute a material change in circumstances must occur in the interests... Should be avoided when possible then a trial will be left up to the.! With each parent support law | child custody matter Cordell offices are located so. 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