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In Mississippi, a mother's rights regarding child custody and visitation are determined by the same legal standard applied to fathers: the "best interests of the child."
Mississippi law has no presumption in favor of maternal custody. The court treats both parents equally and considers a variety of factors to make a custody decision that prioritizes the child's welfare.
Best Interests Standard: All custody decisions revolve around what is in the child's best interest.
No Maternal Preference: The court explicitly states there is no presumption that a mother should be awarded either legal or physical custody. Both parents are seen as equally entitled to custody.
Presumption for Joint Custody: There is a rebuttable presumption that equal (50/50) joint custody is in the best interest of the child. This presumption can be overcome by a preponderance of the evidence showing a different arrangement is better for the child's welfare.
Types of Custody:
Legal Custody: The right and responsibility to make major decisions about the child's health, education, and welfare. This is often awarded jointly.
Physical Custody: The schedule of where the child lives. This can be joint (significant time with both parents) or sole (primarily residing with one parent, the custodial parent).
Albright Factors
When parents cannot agree on a custody arrangement, the judge uses the "best interests" standard by considering the Albright factors (from the Albright v. Albright case). These factors include, but are not limited to:
The age, health, and sex of the child.
Which parent provided continuing care of the child prior to the separation (often called the primary caregiver).
The parent with the best parenting skills, and the willingness and capacity to provide primary child care.
The parents' physical and mental health and age.
The emotional ties between the parent and child.
The moral fitness of the parents.
The child's home, school, and community record.
The child's wishes (if the child is old enough to express a meaningful preference, generally around age 12 or older).
If a mother is not awarded physical custody (meaning she is the non-custodial parent), she is still entitled to visitation rights to ensure the child has frequent and continuing contact with her, unless it is deemed harmful to the child.
Goal of Visitation: The court aims to create a visitation schedule that fosters a close, continuing relationship between the non-custodial parent and the child.
Standard Visitation: Absent unusual circumstances, a non-custodial parent is typically awarded a "liberal" or "standard" visitation schedule. This commonly includes:
Two weekends per month.
Alternating holidays.
At least five weeks during the summer break.
Non-Custodial Parent's Rights: A non-custodial parent has the right to access the child's records and information (medical, dental, school, etc.).
If there is a history of various unfavourable happenings, it significantly impacts both custody and visitation decisions:
Presumption Against Custody: There is a rebuttable presumption that custody should not be granted to a parent with a history of family violence.
Supervised Visitation: A court may still allow visitation for a parent with a history of violence, but only if adequate provisions for the safety of the child and the other parent can be made. This often results in requirements like supervised visitation or restrictions on substance use before and during visits.
