Co-Parenting App for Mississippi Parents

What Mississippi courts consider in custody decisions

Mississippi courts follow the Albright factors established by the Mississippi Supreme Court in Albright v. Albright (1983). These include the age, health, and sex of the child; continuity of care prior to separation; which parent has the better parenting skills and willingness to provide primary child care; the employment of the parents and the responsibilities of that employment; the physical and mental health and age of each parent; the emotional ties of the parent to the child; each parent's moral fitness; the home, school, and community record of the child; the preference of the child (if of sufficient age to express a preference); the stability of the home environment and employment of each parent; and any other relevant factor. Mississippi is unique in hearing custody cases in Chancery Court rather than a dedicated family court division.

How the custody process works in Mississippi

Mississippi custody cases are heard in Chancery Court, which has original jurisdiction over domestic relations matters — a distinction from most states that use circuit, district, or dedicated family courts. Joint custody is available under § 93-5-24 and may be awarded if the court finds it in the child's best interest. The Chancery Court may appoint a guardian ad litem to investigate and report on custody issues. Mississippi does not have a statewide mandatory mediation requirement, but chancellors may order mediation in individual cases.

Key Mississippi custody statutes

• Miss. Code § 93-5-24
• Miss. Code § 93-11-65
• Miss. Code § 93-5-23