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Resolving Child Custody in Mississippi Through Mediation vs in Court. Before you see a judge in Mississippi about custody, you will be required to see a mediator. Instead of going through a formal court hearing where the judge issues an order, you can work toward an amicable agreement with your ex in mediation.
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.
In Mississippi, when a couple who is not married has a child together, the mother automatically has sole custody of the child. The father can only claim those rights that he asserts. If the child's father would like to have shared custody of the child, he must establish paternity.
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.
A child 12 years or older can state a preference for which parent he or she wants to live with so long as the following criteria are met: each parent is fit to have custody of the child. each parent can adequately provide for the child's care and maintenance, and.