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Legal and Physical Custody Legal custody: this gives the parent the ability to make decisions about the child's medical care, education, religious upbringing, and other important issues. Physical custody: the child will live with the parent for most of the time and be under their physical control.
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.
Upon written request made prior to trial, the prosecuting attorney shall provide to the defense the following: (1) the names of all witnesses expected to testify for the prosecution; (2) a copy of any written statement of the defendant; (3) a copy of the criminal record of the defendant, if proposed for use as ...
Rule 8.06 - Change of Address of Children (a) In all domestic cases involving custody or visitation of minors and even though no order for custody or visitation may have been entered, each party shall keep the other informed of his/her full address, including state, city, street, house number, and telephone number, if ...
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.
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.
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.
The Rule authorizes a court to award a party reasonable attorneys' fees and expenses when an adverse party "files a motion or pleading which, in the opinion of the court, is frivolous or is filed for the purpose of harassment or delay." Thus, Rule 11 provides two alternative grounds for the imposition of sanctions-the ...