How Child Custody Is Determined in Ocean Springs, MS Courts?

Divorce and separation can be a difficult time, especially if children are involved. You may be worried about whether they’ll stay with you or your ex. You may be concerned about the time they spend away from you. You may not know who is supposed to make important decisions.

It’s critical for you to know how child custody is determined in Ocean Springs, MS courts. Having guidance can help you avoid making long-lasting mistakes.

Child Custody Data in the U.S. and Mississippi

According to the U. S Census, in 2023, roughly 15,086,000 children only lived with their mother, while about 3,054,000 only lived with their father.

The Annie E. Casey Foundation released a report stating that between 2022 and 2024, 22% of children in Mississippi living in a female-headed household received child support. This was considerably lower than the highest state in the country, which was Wyoming with 47%.

Child Custody Laws in Mississippi

Mississippi child custody laws are highlighted in the Miss. Code Ann. § 93-5-24. The key to the law is what is in the best interest of the child. The law also defines joint as both parents and solely as one parent. There are two types of custody:

• Legal custody. Whoever has legal custody makes important decisions for the child. If there is joint legal custody, both parents must work together to decide on matters of education, healthcare, and other elements of the child’s life.
• Physical custody. This is where the child lives. With joint physical custody, the child stays with both parents separately for a determined amount of time. Physical custody can be awarded to one parent.

If you have concerns about joint legal or physical custody, you need to hire a child custody lawyer on your side. There may be valid reasons why your child or children should not spend time with their other parent. A skilled attorney can advise you on the most appropriate course of action.

Steps for Child Custody in Ocean Springs, MS

There is a process to receiving legal and/or physical custody in Mississippi.

• Mediation. During mediation, both parents come together to discuss the terms of child custody. There are discussions and negotiations about time spent at each home and specific decisions that need to be made about the child. Mediation is an option for those who want to avoid disputes and other conflicts.
• Litigation. If mediation breaks down or isn’t an option in your case, the decision about child custody is made by a judge at the Jackson County Chancery Court on Magnolia Street in Pascagoula. After the judge hears arguments from both sides, they determine what is in the best interest of the child and grant custody.

Having an experienced child custody lawyer present during either phase can help you express your conditions without additional emotion or distress.

How Does a Judge Make Child Custody Decisions?

Family courts take several criteria into account when awarding custody. Overall, their goal is to make a decision that is in the best interest of the child. Some of the relevant considerations include:

• The age and health of the child
• The primary caregiver before the divorce or separation
• Parenting skills
• Home environment
• Emotional connection
• Employment status and financial capability
• Keeping siblings together

Even though the wishes of the children themselves are discussed, they are not used as the main justification for awarding custody.

When both biological parents are deemed unsuitable, a third party, like a grandparent, can be awarded custody by the court. The reasons for a parent to lose custody are abandonment, mental health issues, or the inability to provide for the child’s well-being.

Taylor & Cox Law Firm provides family law services, including child custody. We’re dedicated to developing legal strategies to address your unique case.

We can guide you through the emotional and financial struggles you may face after a divorce or separation. We come highly recommended by our former clients who say we’re professional, responsive, and honest. Don’t face your child custody case alone.

FAQs

How Much Does a Child Custody Lawyer Cost in Ocean Springs?

The cost of a child custody lawyer depends greatly on your specific situation. If you want to pursue mediation with less conflict, the cost could be lower than a formal court proceeding.

For litigation, hours spent in court and gathering evidence can add up. Not having representation may lead to mistakes that could cost you time with your children.

What Is the Biggest Mistake in a Custody Battle?

The biggest mistake in a custody battle is letting your emotions get the better of you. Anger at your ex may not be in the best interest of your child.

Heightened emotions can lead to quick decisions, which may not be what you want. Having a level-headed child custody attorney can help you manage your feelings during the proceedings.

Can a Judge Order Supervised Visitation for One Parent?

A judge can order supervised visitation for one parent, but this option is used sparingly. Mississippi values having both parents in a child’s life. There has to be evidence that unsupervised visitation could be harmful for the child.

This usually means there has been domestic violence or another issue. You and your child custody lawyer can gather evidence and develop a plan before litigation to address these concerns.

Can a Child Custody Agreement or Court Order Be Modified in Mississippi?

A child custody agreement or court order can be modified in Mississippi. Living situations change, which need to be reflected in the child custody situation.

The family may move, or someone remarries. The child may communicate their wishes as they grow older. To reopen a child custody agreement or court order, your Ocean Springs child custody attorney can explain the process.

Hire a Child Custody Lawyer in Ocean Springs

At Taylor & Cox Law Firm, we’re devoted to getting you results and the most favorable child custody arrangement for you and your family. We can gather valid information, stay organized, and advocate for you if your case ends up in court.

We have the experience and knowledge to give you an edge. Contact us today to schedule a meeting with our team to discuss your case and answer any questions you may have.