Divorce Mississippi Custody

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There are various types of child custody that can be granted to the divorcing parents according to the circumstances. These are physical custody, legal custody, joint physical custody, and joint legal custody. The judge can grant custody using any of the combination of these basic types. In Mississippi, the Chancellor plays a crucial role while awarding definite custody to the parents. In the end, the level of responsibilities may differ from one parent to another depending upon the kind of custody assigned to them. On the other hand, it can be possible that the entire child custody right can be granted to the person other than the divorcing parents. These people are like grandparents of the children and likewise. Therefore, if the parents deny the grandparents visitation rights, 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

The child custody rights associated with a particular divorce is very important as it greatly impacts the child's upbringing in the family. Therefore, in order to release the most suitable custody plan, the court ponders over the following issues while determining the child custody;

• The status of employment of each parent (i.e. where he/she is employed and what are his/her responsibilities at 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 reasonable 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 two major types:

Physical Custody

The physical custody hearing decides which parent the child would physically reside with, for a specific duration of time. During this duration, the particular parent who is the custodian is expected to care for the child. At the same time, the non-custodial parent can follow the visitation schedule in order to be in touch with the concerned child.

Legal Custody

This is the intellectual part of custody. The parent who has been granted this custody has the right to make decisions pertaining to all basic requirements such as education, health and welfare of the child.

Joint Physical Custody

The child spends a considerable amount of time with both parents.

Joint Legal Custody

Both the parents are granted decision making rights for the child. Therefore, both divorcing parents are equally responsible for all crucial decisions related to their child's life.

Permutations of Child Custody

There can be a situation where both basic types of custody can be combined and responsibilities are allotted accordingly. Some major conditions are:

• 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 two 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

Modification in Child Custody

The modification in already declared custody plans can easily be brought in the presence of some specific conditions. These conditions include situations such as when the custodial parent is relocating to some new place, child abuse situations, drastic change in the financial status of either of the two divorcing parents and likewise.

Divorce custody in Mississippi is eventually approved by the state court. The court make sure that custody plan is only finalized after considering definite factors described above.

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