Mississippi Stipulation Regarding Joint Custody of Children

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US-02757BG
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Description

A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.


There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.


The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.

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FAQ

Joint legal custody gives the parties shared decision-making authority with regard to a child's health, education, and welfare. Parents who share joint legal custody are obligated by Page 6 6 statute to exchange information related to the child and to confer with each other in making decisions.

Some of the most common dirty tricks used in child custody battles include: Making false accusations of abuse or neglect. This is a serious allegation that can have devastating consequences for the accused parent. Spreading rumors and lies about the other parent.

If a couple in Mississippi has a child together, and are unmarried, then the mother has automatic sole custody. If the father wishes to claim his rights, he must do so by establishing paternity.

For example, some families may choose to alternate custody every two weeks. Also, some co-parents add a midweek overnight to a 4-3 schedule. The most common co-parenting 50/50 plans include 2-2-3, 3-4-4-3, 2-2-5-5, and alternating weeks.

In Mississippi, the child support formula is the same for sole and joint physical custody. Unlike many other states, Mississippi gives no automatic parenting time credit that can reduce your child support amount.

If the parents agree to joint custody, Mississippi law states that the judge should presume that it is in the child's best interests. Joint custody means both parents will share legal custody, and the child will spend substantial time with each parent (even if physical custody is not divided 50/50).

A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.

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Mississippi Stipulation Regarding Joint Custody of Children