Mississippi Petition For Child Custody Without An Attorney
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How to fill out Mississippi Complaint To Modify Child Custody, Child Support, Alimony And Related Relief?
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FAQ
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.
In 1983, the Mississippi Supreme Court replaced the maternal preference with a presumption of parental equality. See Albright v. Albright, 437 So.
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.
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.