Custody

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)