Mississippi lawChild CustodyRelocationVisitationDivorce

Child Custody and Parenting Time in Mississippi

September 26, 2026 · LawDiver Research Team

Mississippi's rule on child custody and parenting time turns on a feature the national template does not capture: Mississippi uses Legal custody and physical custody; visitation schedules implement parenting time.. Courts apply best-interests / Albright factors, including the child’s age and health, continuity of care, parenting skills, employment, and emotional ties. Joint custody may be awarded when in the child’s best interests; there is no automatic equal physical-custody presumption. The controlling authority is Miss. Code Ann. §§ 93-5-23, 93-5-24. Relocation: A custodial parent seeking to relocate generally must show the move is in the child’s best interests; notice and modification practice follow chancery orders. Modification: A material change of circumstances adverse to the child’s best interests is required to modify custody.

Key takeaways

Best-interests standard: Courts apply best-interests / Albright factors, including the child’s age and health, continuity of care, parenting skills, employment, and emotional ties.
Labels used in Mississippi: Legal custody and physical custody; visitation schedules implement parenting time..
Parenting-time posture: Joint custody may be awarded when in the child’s best interests; there is no automatic equal physical-custody presumption.
Relocation: A custodial parent seeking to relocate generally must show the move is in the child’s best interests; notice and modification practice follow chancery orders.
Modification: A material change of circumstances adverse to the child’s best interests is required to modify custody.
Primary authority: Miss. Code Ann. §§ 93-5-23, 93-5-24.

Worked example under Mississippi law

The illustration below uses only rules already stated for Mississippi. It is a research hypothetical, not a prediction of what a court will do.

Two parents in Mississippi disagree about where the child lives during the school week, and one wants to move.

Use the labels Mississippi actually uses: Legal custody and physical custody; visitation schedules implement parenting time..
Apply the best-interests factors: Courts apply best-interests / Albright factors, including the child’s age and health, continuity of care, parenting skills, employment, and emotional ties.
Check any parenting presumption: Joint custody may be awarded when in the child’s best interests; there is no automatic equal physical-custody presumption.
If a move is proposed: A custodial parent seeking to relocate generally must show the move is in the child’s best interests; notice and modification practice follow chancery orders. Later changes follow: A material change of circumstances adverse to the child’s best interests is required to modify custody.

Custody is addressed in divorce or a custody petition in chancery court. Guardians ad litem are common in high-conflict cases. Final decrees allocate custody and visitation.

Best-interests factors in Mississippi

Courts apply best-interests / Albright factors, including the child’s age and health, continuity of care, parenting skills, employment, and emotional ties.

Legal custody, physical custody, and parenting time

Legal custody and physical custody; visitation schedules implement parenting time.

Joint custody may be awarded when in the child’s best interests; there is no automatic equal physical-custody presumption.

Relocation with a child

A custodial parent seeking to relocate generally must show the move is in the child’s best interests; notice and modification practice follow chancery orders.

Modifying a Mississippi custody order

A material change of circumstances adverse to the child’s best interests is required to modify custody.

How custody cases typically move in Mississippi

Custody is addressed in divorce or a custody petition in chancery court. Guardians ad litem are common in high-conflict cases. Final decrees allocate custody and visitation.

Case law: custody and parenting time in Mississippi

Riley v. Doerner

Riley v. Doerner, 677 So. 2d 740 (1996)

…, 1994, the Chancery Court of Lauderdale County transferred custody of Desiree Nicole Doerner from her mother, Connie Rae Riley, to her father, Billy Wayne Doerner. On appeal by Connie, the Court of Appeals affirmed the chancellor's decision. We granted Connie's petition for writ of certiorari to clarify the standard for modification of child custody decrees. We affirm. *742 II…

Practitioners open Riley v. Doerner when Mississippi child custody turns on the distinction in this sentence: "Chancery Court of Lauderdale County transferred custody of Desiree Nicole Doerner from her mother, Connie Rae Riley, to her father, Billy Wayne Doerner. On appeal by Connie, the Court of Appeals affirmed the chancellor's decision." Do not lift it out of the facts the court was deciding.

Carr v. Carr

Carr v. Carr, 480 So. 2d 1120 (1985)

…ustice, for the Court: The question addressed by this child custody appeal is whether the fact of adultery precludes, per se, the award of custody to the offending spouse. This Court holds that the fact of adultery alone does not disqualify a parent from custodianship but that the polestar consideration in original custody determinations is the best interest and welfare of the…

On child custody, Carr v. Carr speaks to the Mississippi dispute in this passage: "Court: The question addressed by this child custody appeal is whether the fact of adultery precludes, per se, the award of custody to the offending spouse." The surrounding opinion shows how the court applied that language to the record.

Grant v. Martin

Grant v. Martin, 757 So. 2d 264 (2000)

…arried in 1989. In 1993, they voluntarily relinquished full custody of their three young children, then ages 4, 2½, and 1½ years, to Scott's parents, ostensibly so that the children would have medical insurance benefits. An order of the Hinds County Chancery Court, First Judicial District, was entered on September 29, *265 1993, appointing the paternal grandparents as guardians…

On child custody, Grant v. Martin speaks to the Mississippi dispute in this passage: "In 1993, they voluntarily relinquished full custody of their three young children, then ages 4, 2½, and 1½ years, to Scott's parents, ostensibly so that the children would have medical insurance benefits." The surrounding opinion shows how the court applied that language to the record.

In Interest of RD

In Interest of RD, 658 So. 2d 1378 (1995)

…ah County, wherein Chancellor Donald B. Patterson, restored custody of two minors, R.D. and B.D., to their natural mother, Linda D. A petition alleging that the minors were neglected by their natural mother, Linda D., was filed by the Copiah County Department of Human Services in June of 1990. Chancellor Mike Carr adjudicated the minors as neglected, ordered them removed from L…

On child custody, In Interest of RD speaks to the Mississippi dispute in this passage: "County, wherein Chancellor Donald B. Patterson, restored custody of two minors, R.D. and B.D., to their natural mother, Linda D. A petition alleging that the minors were neglected by their natural mother, Linda D." The surrounding opinion shows how the court applied that language to the record.

Crider v. Crider

Crider v. Crider, 904 So. 2d 142 (2005)

…case addresses the authority of a chancellor to grant joint custody of a child to its parents in an irreconcilable differences (ID) divorce proceeding. Although it is a case of first impression for this Court, the Mississippi Court of Appeals has interpreted Miss.Code Ann. § 93-5-24(2)[1] to prohibit a chancellor from awarding joint custody in ID cases unless both parents have…

Crider v. Crider is worth reading on Mississippi child custody because the court put the point in its own words: "ID) divorce proceeding. Although it is a case of first impression for this Court, the Mississippi Court of Appeals has interpreted Miss.Code Ann." Use that passage as the starting point, then read the facts that precede it.

Griffith v. Pell

Griffith v. Pell, 881 So. 2d 184 (2004)

…ternity of Sue Ann's first child who was the subject of the custody issue in the divorce proceedings. The genetic testing conclusively showed that Robert was not the natural father of the minor child in question. ¶ 3. After this turn of events, the chancellor granted Sue Ann's motion for partial summary judgment, ruling that Robert had "no legal standing in law or fact on the i…

On child custody, Griffith v. Pell speaks to the Mississippi dispute in this passage: "Sue Ann's first child who was the subject of the custody issue in the divorce proceedings. The genetic testing conclusively showed that Robert was not the natural father of the minor child in question. ¶ 3." The surrounding opinion shows how the court applied that language to the record.

Martin v. Putnam

Martin v. Putnam, 427 So. 2d 1373 (1983)

…ld sought to be adopted would be served by remaining in the custody of the Martins, the natural grandparents; 2. In incorrectly applying the statute which permits no adoption except in the best interest of the child sought to be adopted. The evidence established Jerry and Debbie Hughes, the natural parents of M., who is approximately two years of age, both suffer from severe me…

Martin v. Putnam is worth reading on Mississippi child custody because the court put the point in its own words: "Martins, the natural grandparents; 2. In incorrectly applying the statute which permits no adoption except in the best interest of the child sought to be adopted. The evidence established Jerry and Debbie Hughes, the natural parents of M." Use that passage as the starting point, then read the facts that precede it.

Jessica Nicole RICE v. Scott Thomas MERKICH — Lamar, J., dissenting

Jessica Nicole RICE v. Scott Thomas MERKICH — Lamar, J., dissenting, 2010 Miss. LEXIS 230 (2010)

…ncellor’s decision to sua sponte ignore admissions in child-custody matter was error "committed with a ‘proper result in mind,’ the polestar consideration of the best interests of the child.”) (citing Gilcrease v. Gilcrease, 918 So.2d 854, 856 (Miss.Ct.App.2005)); Lowrey v. Lowrey, 25 So.3d 274, 281 (Miss.2009) ("Regarding child custody, the best interest of the child is the po…

On child custody, Jessica Nicole RICE v. Scott Thomas MERKICH — Lamar, J., dissenting speaks to the Mississippi dispute in this passage: "Gilcrease v. Gilcrease, 918 So.2d 854, 856 (Miss.Ct.App.2005)); Lowrey v. Lowrey, 25 So.3d 274, 281 (Miss." The surrounding opinion shows how the court applied that language to the record.

Frequently asked questions

What does Mississippi call “custody”?