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Child Relocation in Mississippi
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. Also, moving, even a long distance away, has not been held as a reason to change custody from one parent to the other. It certainly will mandate that you and your ex-spouse take another look at your visitation schedule, but it will not automatically change custody nor will it be an automatic reason that the Chancellor would change custody.
If you move, you must notify the Clerk of the Chancery Court and your spouse within five days of your relocation. If the current visitation schedule becomes unworkable because of relocation, the Judge will certainly modify it if you and your ex-spouse cannot agree to a change. Also, if transportation for visitation is not addressed in the divorce decree, it is likely that the party creating the increased burden will be responsible for the associated increase in expenses.One way to deal with a geographic separation from your children is to have increased time during the holidays and the children's spring and summer vacations. If you have joint physical custody, the court will have to reweigh the Albright factors discussed above before making a new custody determination.
In order to file for divorce, one spouse must be a resident of Mississippi for at least six months before filing for divorce. However, for a divorce action, a person who is in the armed forces and stationed in Mississippi is considered to be a resident.
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