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When Will the Court Consider a Child's Preference? Under Mississippi child custody laws, a court will consider a child's preference whenever a child is 12 years or older.
The child support amount doesn't automatically change. The child support amount is part of a court order, so changes to the amount must be done by a court order.
How do I get a custody modification? In Mississippi, the Chancery Court judge will only grant a modification of a custody order when there has been a material change in circumstances that is adverse to the minor child. The material change must have occurred since the current court order was signed.
File the petition for custody in the court of the county where the child resides. If the parents were unable to reach an agreement, the petitioning parent must serve the petition to the other parent.
When can my child decide which parent to live with? A child never has an automatic right to choose which parent to live with; however, a child that is age 12 or older will have the right to state a preference that will be considered as part of the Albright ?best interest of the child? test.