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EspañolIf a custody order is already in place, how can I get it changed?
If you have a custody order already in place, you can petition the court to make changes to it (modify it). The judge (chancellor) may agree to modify the order if they believe that all of the following things are true:
- Since your order was entered, there has been a significant (material) change of circumstances in the custodial parent’s home;
- The change is negatively affecting your child right now, or there is a strong likelihood that it will negatively affect your child in the future; and
- It would be in your child’s best interests to modify your custody order.1
If your child is at least 12, they may get the chance to tell the chancellor where they want to live. Although the chancellor may consider your child’s opinion, it won’t be the only thing their decision is based on.2
If you are looking to modify or end (terminate) a joint custody order, Mississippi law says that the chancellor may grant your request if:
- both parents file a petition together; or
- one parent files a petition and shows that there has been a material change in circumstances since the final order was made.3
If you want to modify a visitation order, you will need to prove that:
- the current order is not working; and
- changing the order is in your child’s best interests.4
Visitation orders can be modified without proof that there has been a material change in circumstances.5
To modify a custody or visitation order, you will likely need to go to the court that issued the order, even if you have moved. Generally, once a court has power over a case (jurisdiction), that court will keep jurisdiction, even if you move to another state. If you have moved, you can ask the court to change the jurisdiction to the new state that you are in.
Modifying an order or changing jurisdiction is often complicated. As with all custody issues, we recommend that you talk to a lawyer. Go to our Mississippi Finding a Lawyer page to find legal assistance.
1 McBride v. Cook, 858 So. 2d 160, 163 (Miss. Ct. App. 2003); see also Martin v. Martin, 416 So.3d 988 (Miss. Ct. App. 2025)(finding of a material change in circumstances but no proof of an adverse effect on the minor child; modification denied.)
2 See Best v. Hinton, 838 So. 2d 306 (Miss. Ct. App. 2002) for discussion of whether a child’s preference alone can be considered a material change in circumstances.
3 Miss. Code § 93-5-24(6)
4 Cox v. Moulds, 490 So.2d 866, 869 (Miss.1986)
5 Sistrunck v. McKenzie, 455 So. 2d 768, 770 (Miss. 1984)
If there is a custody order in place, can I move with my kids?
Your custody order will usually have rules for your specific situation. It might say that you have to get permission from the other parent or the judge (chancellor) before you can make any big changes to your child’s living situation. For example, it might be a big change if you want to:
- permanently move out of state;
- move within the state, but far enough away that it would affect the other parent’s visitation schedule, or
- change your child’s school.
It’s a good idea to get legal advice from an attorney first, even if the other parent agrees that you and the children can move. If you don’t have an attorney, you can go to our Mississippi Finding a Lawyer page to look for one.
The other parent took the kids out of state without my permission. What can I do?
If the other parent took your child across state lines, they may have committed a crime. They might be charged with what’s commonly known as “custodial interference” or “parental kidnapping” if:
- there is a custody order in effect and they know that leaving the state with your child would violate it;
- the person who took your child is a noncustodial parent or another relative; and
- your child is younger than 14.1
If this is true in your situation, you might choose to:
- call your local law enforcement to report what’s happened;
- return to the court that issued your custody order and try to have it enforced; or
- talk to an experienced family law attorney to get legal advice about your next steps. Our Mississippi Finding a Lawyer page can help you get started.
Even if you don’t think a crime has been committed, you still might have some options. You may be able to enforce your existing court order or start a new custody case if you don’t have an order yet. A Mississippi lawyer can help you decide what to do.
1 Miss. Code § 97-3-51
Can the non-custodial parent have access to my child's medical, dental, and school records?
In Mississippi, parents have the right to information and records about their children even if they don’t have custody. Unless their parental rights have been terminated, non-custodial parents are allowed to access their children’s medical, dental, and school records. They may be entitled to other kinds of records and information too.1
1 Miss. Code §§ 93-5-24(8); 93-5-26
If I move to a new state, can I transfer my child custody case there?
If you and your children move to a different state, you may decide it would be better to move your custody case to that new state as well. For information about how to request a transfer of the custody case to a new state, please go to the Transferring a custody case to a different state section on our general Custody page.
Keep in mind that parents often need permission from the judge (chancellor) or the other parent to move their children out of state. Please talk to a lawyer before you leave the state. It’s important to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
How does a parent's military deployment affect their custody and visitation rights?
Sometimes, a parent in the military may need to temporarily move away from home as part of their job. We will use the term deployment, but this might also apply if the parent is moving for temporary duty or other mobilization orders.
If the deploying parent has sole or primary physical custody, the judge can issue a temporary order if:
- the parent is being deployed to somewhere far from home; and
- deploying has a major effect on that parent’s ability to carry out their custodial responsibilities.1
The temporary custody order will end within ten days of the parent’s return. The order will require that:
- the deployed parent gives the non-deployed parent timely information about their leave schedule; and
- the non-deployed parent:
- makes the child “reasonably available” to the deployed parent during their leave; and
- helps the child stay in touch with the deployed parent through phone calls, video chats, and e-mail.2
If the deploying parent has visitation rights, some or all of their visitation rights can be given to a family member if:
- the parent will be deployed to somewhere far from home;
- deploying has a major effect on their ability to use their visitation rights; and
- the family member has a “close and substantial relationship” to the child.3
For these purposes, a “family member” could be anyone related to the service member by blood or marriage. This may include a step-parent, grandparent, aunt, uncle, or adult sibling, among others.4
1 Miss. Code § 93-5-34(3)
2 Miss. Code § 93-5-34(3)(a), (3)(c)
3 Miss. Code § 93-5-34(4)
4 Miss. Code § 93-5-34(2)(d)
