English
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)
