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A constitutionally acceptable rule, which allows a Mississippi judicial court to award the custody of a child to a grandparent, frequently requires the grandparent to: Overcome the presupposition that the biological parents acts in the best interest of the child; and/or.
Yes. One of the tests for custody is, what is in the best interest of the children. Now, in Mississippi, there is a presumption, it's a legal presumption, which means the courts have to look at it like this.
You must file a "petition" (formal written request) in the court that's making custody and visitation orders regarding your grandchild, or in the county where the child resides. In your petition, you will describe the visitation schedule you would like to put in place.
Grandparents may wish to maintain a relationship with their grandchildren despite the wishes of the parents or legal guardians. The state law allows grandparents to seek visitation or custody of their grandchildren. However, they must first establish that the relationship is in the child's best interest.
In Mississippi, grandparents have a legal right to petition for reasonable visitation if certain criteria are met: Their child hasn't been given custody of their child(ren), or their parental rights have been terminated. Their child is deceased.