Mississippi Divorce With Children — Custody & Support

When children are involved, a Mississippi divorce must address custody, visitation, and child support in addition to property division and spousal support. Courts prioritize the Best interests of the child in every decision §93-5-24.

Courts determine custody based on the best interests of the child using the Albright factors, including age and health of the child, continuity of care, parental fitness, willingness to foster a relationship with the other parent, and the child's preference if of age.

Types of custody

• Legal custody — the right to make major decisions about the child's education, health care, and welfare
• Physical custody — where the child lives day-to-day
• Joint custody — both parents share legal custody, physical custody, or both
• Sole custody — one parent has primary decision-making authority or residential time

Mississippi uses an percentage-of-income model to calculate child support.

• Based on a percentage of the non-custodial parent's adjusted gross income
• 14% for 1 child, 20% for 2 children, 22% for 3, 24% for 4, 26% for 5+ children
• Deviation from the guidelines requires written findings
• Income can be withheld directly from the paying parent's employer §93-11-71

Most Mississippi courts require a written parenting plan that addresses:

• Regular custody and visitation schedule
• Holiday and vacation time allocation
• Transportation arrangements and exchange locations
• Decision-making authority for education, health, and extracurricular activities
• Communication protocols between parents
• Relocation restrictions and notice requirements

Courts may issue temporary orders for support, custody, and exclusive use of the marital home pendente lite during the proceedings. Temporary custody and support orders typically remain in effect until the final decree is entered.

Custody may be modified upon showing an adverse material change in the circumstances of the custodial parent or the child. §93-5-24