Practice Areas

Child Custody In Mississippi

Your Relationship With Your Child Is Forever

We Will Protect Your Parental Rights

At The Waldrop Firm, P.C., in Germantown, we advocate aggressively for parents in Tennessee and Mississippi to protect their rights regarding their time and their relationship with their children following divorce or the end of a nonmarital relationship.

If there is one message we emphasize with all of our clients, it's that it is preferable to resolve custody issues through a voluntary agreement between the parents. Litigation is expensive and, more importantly, emotionally taxing on parents and children. When parents work together to develop a custody and parenting plan, the outcome is generally more acceptable to both parents. Once you go to court, you have lost control of the outcome. A judge who does not know you or your child will make the decisions based on what he or she deems is in the child's best interests.

The court may award custody to grandparents or to a third party if there is a history of child abuse or domestic violence. We can assist grandparents or other concerned parties in these cases.

There are times when litigating is the right decision, and attorney David M. Waldrop is comfortable presenting cases in court when necessary. But for all of the reasons we have already stated, our preference is to work to reach agreement and avoid court altogether. As long as the court deems an agreement equitable to both parties and in the best interest of the child, it will most likely approve the agreement.

Factors That Impact Custody Decisions

Here are some essential aspects of custody and visitation law in Mississippi that you should be aware of:

Either parent may be awarded sole physical or legal custody of the minor child. Physical custody refers to where the child will spend his or her days and nights, while legal custody refers to the parent's right to make decisions regarding education, religious training, medical care and other matters. The presumption is that joint custody is best unless it can be shown that a parent is unfit to care for a child.

Factors the court will take into consideration in deciding custody include:

  • The child's age, sex and health
  • Each parent's employment situation
  • Each parent's parenting skills and willingness to participate in their child's life
  • The emotional ties between the child and each parent
  • The child's adjustment to home, school and community
  • The placement of siblings and the court's interest in keeping siblings together
  • Any preference expressed by a child who is 12 or older

If the child is old enough, the judge may also consider the child's wishes. To change a custody order, the parents must agree on the change or show that circumstances have changed and a new order is warranted.

Meet With An Experienced Child Custody Lawyer In Mississippi

Preserving the relationship with a child often is the biggest concern of a parent in divorce. We take our role protecting parental rights very seriously. We invite you to schedule a free 30-minute consultation in which we can answer your questions and recommend the best course of action.