Types of Custody Arrangements

Mississippi law recognizes two primary types of custody:

• Legal Custody: The right to make major decisions about the child’s upbringing, such as schooling, health care, and religion.
• Physical Custody: The right to have the child live with you on a regular basis.

Parents may share joint custody, or one parent may be granted primary custody while the other receives scheduled visitation. Our team helps clients pursue arrangements that preserve parental involvement and promote the child’s wellbeing.

Building a Parenting Plan

When parents can cooperate, courts encourage the creation of a detailed parenting plan. A strong plan outlines daily schedules, transportation, communication, holiday rotations, and decision-making rules.

Our attorneys draft parenting plans that anticipate future issues and reduce opportunities for misunderstanding or conflict. Clear, enforceable agreements make transitions easier for both parents and children.

Modifying Custody Orders

Circumstances change over time. When they do, Mississippi law allows parents to request a modification if there’s a material change affecting the child’s welfare, such as relocation, remarriage, or a significant shift in living conditions.

Common reasons for custody modifications include:

• A parent’s relocation to a different city or state
• Changes in a parent’s work schedule or employment status
• Evidence of neglect, abuse, or unsafe living conditions
• Substance abuse or criminal behavior by a parent
• Repeated interference with visitation or parenting time
• Changes in the child’s health, education, or special needs
• A child’s preference, when mature enough for the court to consider it

We represent parents seeking or contesting custody modifications and also handle temporary or emergency custody petitions when a child’s immediate safety is at risk. Swift action can be crucial in protecting both the child and the parent’s rights.

Enforcing Custody and Visitation Orders

If a parent refuses to follow a custody or visitation order, prompt legal action can restore stability. We help clients file contempt motions and enforce existing judgments through make-up visitation, fines, or, in serious cases, custody modification.

Our attorneys act firmly and efficiently, prioritizing the child’s wellbeing while ensuring court orders are respected.

Custody for Unmarried Parents

Mississippi treats custody for unmarried parents differently than for married couples. Mothers automatically have physical custody at birth unless a court order states otherwise. Fathers can secure custody or visitation rights by establishing paternity through DNA testing or acknowledgment.

We represent both mothers and fathers in these proceedings, ensuring fair access and protecting parental rights once paternity is legally confirmed.

Custody and Divorce

When custody is part of a divorce, we coordinate both matters strategically to avoid inconsistent outcomes. Our family law team manages custody, support, and property division under one plan for cohesive advocacy.

We also help parents update estate planning documents, such as wills or guardianship designations, after custody arrangements are finalized. This ensures that each parent’s wishes for their child are legally protected.

Call for a Consultation: (662) 371-6580

Custody decisions shape a child’s future and a parent’s rights.

At Stroud, Flechas & Dalton, we provide the steady counsel and strong advocacy families need to resolve these issues. Call (662) 371-6580 or contact us online to speak with a Southaven child custody lawyer today.