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How child custody is determined in Mississippi

Child custody is an important concern for divorcing couples who have children which makes it helpful for divorcing parents to understand state laws concerning child custody and how child custody concerns will be resolved in their divorce. Whenever child custody decisions are made they are guided by what is in the best interests of the child.

Child custody determinations are either made by the family law court based on what is in the best interests of the child or, alternately, parents are also able to agree to a child custody agreement but what is in the best interests of the child should always guide child custody considerations. When establishing a child custody agreement, the court generally considers factors relevant to the child's best interests, safety and overall well-being.

Factors that may be considered when determining what is in the best interests of the child for the purpose of determining child custody in Mississippi include factors that foster consistency and continuity for the child concerning their family life, community and education. In addition, the family law court may evaluate which parent is able to take care of, and provide for, the child's daily needs such as the child's physical, emotional, developmental and education needs, as well as any special needs. The family law court may also evaluate if the parents are able to maintain a loving, stable and nurturing environment and relationship the child.

Child custody concerns likely fall at the top of the list of concerns divorcing parents have during what can be a difficult time. Because of this, the family law process provides as many resources as possible to help guide parents and divorcing couples through the divorce process in a manner that is best for their family and children.

Source:, "Mississippi Child Custody Laws," Accessed March 21, 2018

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