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EspañolIf a custody order is already in place, how can I get it changed?
To change a custody or visitation order that is already in place, you need to file a petition to change (modify) the order at the courthouse that originally issued it. Generally, for a judge to change your custody or visitation order, you need to show that there has been a significant (substantial) change in circumstances since the final order was made and that your proposed change would be in the best interest of your child.
If there is a custody order in place, can I move with my kids?
If you want to permanently move out of state or move within the same state to a distant location that would interfere with the other parent’s visitation schedule, or change the child’s school, for example, then you may have to get permission from the other parent or the judge depending upon the specifics of your custody situation. WomensLaw.org strongly suggests getting legal advice from an attorney first, even if the other parent agrees that you and the children can move.
The other parent took the kids out of state without my permission, what can I do?
If a noncustodial parent or another relative takes your child out of state with the intent to violate an existing custody order, s/he might be charged with what’s commonly known as “custodial interference.” This only applies if your child is younger than 14 years of age.1
If this is true in your situation, you might want to call your local law enforcement authority to report the situation. You can also contact a knowledgeable attorney to find out what may be best in your situation. Please go to our MS Finding a Lawyer page to seek out legal advice.
1 Miss. Code § 97-3-51
Can the non-custodial parent have access the child's medical, health, and school records?
Unless parental rights have been terminated,1 the child’s non-custodial parent can still have access to records and information about the child.2 These include, but are not limited to, medical, dental, and school records.1
1 Miss. Code § 93-5-26
2 Miss. Code § 93-5-24(8)
If I move to a new state, can I transfer my child custody case there?
After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer 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 his/her custody and visitation rights?
If a parent who has custody, or joint custody with primary physical custody is deployed by the military, a temporary custody order can be issued if:
- the parent will be deployed or mobilized to a place that is a substantial distance from his/her home; and
- it has a major effect on his/her ability to carry out his/her custody responsibilities.1
The temporary custody order would end no later than ten days after the parent returns. The order would require the following:
- The deployed parent must give information to the non-deployed parent regarding his/her leave schedule in a timely manner;
- The non-deployed parent must make the child reasonably available to the deployed parent during his/her leave; and
- The non-deployed parent must help facilitate contact between the child and the deployed parent via telephone, webcam, and e-mail during the deployment.2
If a parent who has visitation rights is deployed by the military, some or all of his/her visitation rights can be given to a family member if:
- the parent will be deployed or mobilized to a place that is a substantial distance from his/her home;
- it has a major effect on his/her ability to use his/her 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, including a step-parent, grandparent, aunt, uncle, and 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)
