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child custody Archives

What is the best interests of the child in child custody?

Because what is in the best interests of the child is the standard the family law court uses when making child custody determinations, it helps to be familiar with what factors impact the determination of what is in the best interests of the child. Parents may wonder what the best interests of the child refers to. It is something it is helpful for them to understand so that they can also remain focused on what is in the best interests of the child during the child custody process.

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.

Which court has jurisdiction in an interstate custody dispute?

Mississippi is one of the states that has enacted the Uniform Child Custody Jurisdiction and Enforcement Act, a law designed to provide guidance to courts when making decisions regarding child custody. The UCCJEA ensures consistency in interstate child custody decrees and prevents one parent from obtaining custody after kidnapping a child.

Can grandparents get child custody and visitation rights?

The laws regarding grandparent child custody and visitation rights vary from state to state and are constantly evolving. There are generally two types of laws: restrictive visitation statutes, which allows grandparents to be granted visitation rights only if the child's parents are divorced or if they are both deceased, and permissive visitation statutes. Most states have permissive visitation statutes that allow grandparents to request visitation even if the child's parents are both alive or still married.

Joint vs. sole custody in Mississippi

When Mississippi parents get a divorce, they must come to an agreement on several issues including child custody. There are two types of child custody: legal and physical. Parents who have legal custody over a child are able to make legal decisions that impact the child such as health, education and general welfare. Parents who have physical custody of the child are able to provide the child with a home and daily care.

International abductions in non-Hague Convention cases

A previous Mississippi blog post discussed the Hague Abduction Convention, an international treaty that allows parents to request access to, or the return of, their child who was wrongfully taken across international borders. However, parents may only do so if the other country has adopted the Convention. There are other avenues of assistance for parents of children who were internationally abducted to a country that has not adopted the Convention.

International abductions: The Hague Abduction Convention

A Mississippi child may be illegally removed from the care of his or her legal guardian, often by a parent, because of a child custody dispute or other divorce issues. If that parent lives abroad, it may further complicate the situation. Parents seeking the return of their child taken abroad have options, depending on whether the country has adopted The Hague Abduction Convention.

Can I modify my child custody or visitation order?

Child custody and visitation orders are often the result of careful consideration and compromise. However, what worked when the initial agreement was reached may not work anymore as families' situations change over time. The terms of an agreement may no longer be practical or appropriate depending on the parents' and children's circumstances. In Mississippi, parents may petition the court for modification and must meet certain requirements to have their orders modified.

Supreme Court to consider legal rights of lesbian parent

A woman has filed an appeal to the Mississippi Supreme Court, challenging the lower court's ruling that she is not the legal parent of a child born during her lesbian marriage. The woman's ex-wife conceived their son with sperm from an anonymous donor and was granted physical custody. The woman who filed the appeal is seeking more than "in loco parentis" status; she wants to be legally recognized as the child's parent.

How is child support affected by joint custody?

One of factors taken into consideration when determining child support is how much time each parent will spend with the child. If a child lives with one parent, that parent has primary physical custody and will usually receive child support since they are mostly responsible for the child's everyday expenses.

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