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Child Custody & Visitation
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Under Mississippi law, "physical custody" refers to the right to have the children reside with or be under the physical care of the custodial parent. "Legal custody" refers to the decision-making rights, responsibilities and authority relating to the health, education and welfare of the children. The court may award physical and legal custody to the parents jointly, individually, or in combination.
The most important factor is the best interests of the children.
When a custodial parent of minor children dies, does the surviving parent automatically get custody of the minor children?
Children are probably affected more than anyone else by divorce. It is important for you and your spouse to present a unified front. Upon contemplation of separation, you and your spouse need to work out the immediate issues concerning the children.
There are as many different visitation schedules as there are people with children who get divorced. There is such a thing as standard visitation, but what the "standard" is depends on the county, the lawyers and the judges.
In today’s mobile society, relocation is a reality. However in Mississippi, there is nothing you can do to prevent your former spouse from relocating with your children if you do not have custody.
When determining how custody of children should be allocated, the most important consideration is the best interests and welfare of the child.
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In order to file for divorce in Mississippi, a party must give grounds for divorce and prove them with evidence or testimony. Mississippi recognizes the following grounds for divorce: irreconcilable differences (which is no-fault) and other grounds that include impotence, adultery, incarceration, felony conviction, drug or alcohol abuse, insanity for at least a three-year period, the wifes pregnancy by someone else without the husband being aware, willful desertion for at least one year, cruel and inhuman treatment, incest, and one spouse lacking the mental capability to consent to terminate a marriage.
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