Mississippi family-law guide · reviewed August 22, 2026
Mississippi Custody & Visitation
Current, source-linked Mississippi terminology and rules without imported out-of-state formulas.
Legal information, not legal advice. Mississippi law and local practice can change. Verify forms, fees, filing methods, service, and hearing procedure with the clerk of the Chancery Court receiving your case.
Mississippi terminology
Legal custody
Decision-making for the child's health, education, welfare.
Physical custody
Where the child lives.
Visitation
Time with the child for a parent without physical custody.
Best interests
The 'polestar'; decided by a Chancellor in Chancery Court.
Core rules
- Mississippi uses 'custody' (legal/physical, sole/joint) + 'visitation'
- Best interests is the polestar consideration; no maternal presumption (Miss. 93-5-24(7))
- Joint custody is presumed in the child's best interest when both parents agree (93-5-24(4))
- For orders after July 1, 2026, a rebuttable 50/50 joint custody and shared parenting time presumption may apply (Albright factors)
- A history of family violence creates a rebuttable presumption against awarding custody to the abusive parent
- A child age 12+ may express a preference
- Cases are heard in Chancery Court by a Chancellor
Support and modification cautions
Mississippi uses a percentage-of-income child support formula (Miss. 43-19-101) based on the noncustodial parent's adjusted gross income. Custody may be modified on a material change plus best interests.
Official sources reviewed August 22, 2026
- Miss. 93-5-24 — custody / best interests
- Mississippi child support (MDHS)
- Mississippi Courts — self-help
Always confirm current local forms, fees, and filing procedure with the clerk of the Mississippi Chancery Court handling your case.