Divorce Mississippi Custody
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There are various types of child custody like physical custody, legal custody, joint physical custody and joint legal custody. The judge can grant custody using any of the permutations of the basic types. In Mississippi, the Chancellor plays a role in award of custody.
If the parents deny the grandparents visitation rights, then the court might award these rights to the grandparents in the following cases.
- It is in the best interests of the child
- The grandparents have developed a feasible relationship with the minor
Factors considered in Divorce Mississippi Custody
The court ponders over the following issues while determining child custody.
- The status of employment of each parent (i.e. where he/she is employed and what are his/her responsibilities pertaining to the job?)
- The stability of residence of each parent
- If the child has attained an age that is enough, as per the law, to make a preference. Then the preference of the child is considered
- The record of the child in community, school and at home
- The moral fitness of the father and the mother
- The emotional bond between each parent and the child
- The age of each parent and his/her mental and physical health
- The ability and readiness of the each parent to offer primary child care
- The parenting skills of both parents
- Before the parents separated, which parent exhibited continuity in child care?
- The sex, health and age of the child
- Any other issues that the court thinks are related to the parent-child relationship
Types of Divorce Mississippi Custody
In this state, custody can be broadly classified into 2 types.
Physical Custody
This decides that with which parent the child would physically reside for a specific duration of time. During this duration, the particular parent who is the custodian is expected to care for the child.
Legal Custody
This is the intellectual portion of custody. The parent who has been granted this custody is empowered with the right to make decisions pertaining to the welfare, education and health of the child.
Joint Physical Custody
The child spends a considerable duration of time with both parents.
Joint Legal Custody
Both the parents are granted decision making rights for the child. The parents share these rights.
Permutations of Child Custody
- Either the father or the mother may be awarded both, legal custody and physical custody
- Both the father and the mother, may be granted joint legal custody and joint physical custody
- Joint physical custody and sole physical custody to one parent
- Joint legal custody and sole physical custody to one parent
- If a family has 2 or more children, the court dwells on whether to award split custody. However, in Mississippi, there is a robust inclination to retain siblings in the same residence
Role of Chancellors in Child Custody
In Mississippi, the Chancellors play the following roles in custody cases.
- Awarding custody of children in case of the following
- Initial divorce cases
- Actions between unmarried parents and third parties
- The Chancellor, who grants custody, has continuing jurisdiction for enforcement and modification of the original order. This is inclusive of contempt proceedings
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