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Legal Information: Mississippi

Custody

Laws current as of August 8, 2025

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