In Mississippi, there are two types of
child custody:
1. Physical custody which is the right
to have the child reside with or be under the care and control of one of the
parents; and
2. Legal custody which involves
decision making, rights, responsibilities and authority relating to the health,
education and welfare of the child.
The custody of a child is awarded according to the best interests of the child.
If the Court orders joint physical custody, each parent is entitled to
significant periods of physical custody with the minor child. Joint physical
custody must be shared by the parents in such a way to ensure a child has
frequent and continuing contact with both parents. If the Court orders joint
legal custody, the parents share the decision making, rights, responsibilities
and authority relating to health, education and welfare of the child. Any award
of joint legal custody obligates the parents to exchange information concerning
the health, education and welfare of the minor child, and to confer with one
another in the exercise of decision making, rights, responsibilities and
authority.
When the Court determines an award of
custody, the most important consideration is the best interest and welfare of
the child. The following factors are also considered:
1. Age, health, sex of child;
2. continuity of care prior to the separation;
3. parenting skills and willingness and capacity to provide primary child care;
4. employment of the parent and responsibilities of that employment;
5. physical and mental health and age of the parents;
6. emotional ties of the parent and child;
7. moral fitness of the parents;
8. the home, school and community record of the child;
9. the preference of the child at the age sufficient by law, to express a
preference;
10. stability of home and employment of each parent; and
11. other factors relevant to the parent/child relationship.
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