You can help with everything from housing arrangements to planning activities for children. Trying to reach an agreement is best for your children and your co-parenting. A three-step test regulates a request for a change in custody. Allegations of abuse are quite common in divorce proceedings. There is a simple reason to understand why. Under Mississippi`s custody laws, it is not in the best interests of the child for a parent who has committed domestic violence to have legal or physical custody. Almost everything about children is decided on the basis of the “best interests” of the child. There is no clear definition of the best interests of the child. The Mississippi Supreme Court in a 1983 case, Albright v. Albright identified a dozen factors that a judge should consider, including: the court examines each parent`s circumstances to determine whether both are capable of providing a stable environment for the child. Most child custody cases in Mississippi are part of a divorce proceeding. However, there are cases involving unmarried couples that may require separate custody.
When the custodial parent dies, the surviving parent automatically obtains custody, unless a boot parent or third party proves to the court that it is in the best interests of the child that the natural parent does not have custody. Be aware of Albright factors and always think about the best interests of the child in your decisions. A custody agreement in Mississippi is usually referred to as a co-parenting agreement or custody agreement, which usually contains a custody agreement and an educational plan. The ultimate purpose of an MS custody agreement is to determine physical custody and legal custody. It is important to remember that the entire decision-making process must focus on the “well-being of the children” and how both parents are best placed to meet the needs of their children. The “welfare of a child” is a standard adopted by Mississippi in all areas of family law. It states that the “well-being of a child” or the child is at the center of any decision-making process, while respecting all laws and legal provisions. . . .