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In order to be granted an emergency custody hearing, you must be able to prove there is a real emergency. This typically means that you will have to prove that there will be immediate and irreparable harm if the court does not issue an emergency order. The Miss. R.
Unlike many other states in the U.S., Mississippi has no formal law related to parental relocation. What this means is that (in general), one party to a custody agreement is not prohibited from relocating without it drastically impacting their arrangement.
Desertion or abandonment of the child by the parent; Contact not having been made with the child for a significant period of time (at least six months for a child younger than three years old or at least one year for a child three years old or older);
You will need to file a petition for custody in the proper court, usually in the county where the child resides or is physically present. Once the petition is filed, you will need to serve your child's other parent.
A child age 12 or above may tell the judge his or her preference for custody if the court considers both parents fit. The judge, however, is not bound by the child's preference. A judge awards both physical and legal custody.
A child age 12 or above may tell the judge his or her preference for custody if the court considers both parents fit. The judge, however, is not bound by the child's preference. A judge awards both physical and legal custody. Physical custody is where the child actually lives.
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.