English
EspañolHow will a chancellor make a decision about custody?
The judge (chancellor) will look at many factors to decide what’s in the best interest of your child, including:
- your child’s age, health, and sex;
- which parent provided most of the day-to-day care for your child before the separation;
- which parent has the best parenting skills;
- which parent is willing and able to provide the majority of child care;
- each parent’s employment, job stability, and work responsibilities;
- each parent’s age, and their physical and mental health;
- the emotional ties between the parents and child;
- the “moral fitness” of each parent;
- your child’s home, school, and community record;
- your child’s wishes, if they are old enough to share their opinion;
- the stability of each parent’s home environment; and
- any other relevant factors.1
1 Albright v. Albright, 437 So. 2d 1003 (Miss. 1983)
Can a visitation order help protect domestic violence victims?
If the judge (chancellor) finds that the other parent committed domestic or family violence, they will only allow that parent to visit if it’s safe for you and your child. To help make that happen, the chancellor can include some conditions in their order.
These are some of the things that could be ordered to protect you and your child:
- exchanges will only happen in a safe place;
- no overnight visits;
- supervised visits only, and if supervision costs money, the abuser will pay a fee to help cover it;
- the abuser must complete a batterers’ intervention program or another type of counseling before the visits can start;
- the abuser cannot drink alcohol or use drugs during visits and for the 24 hours before a visit starts;
- the abuser must pay a bond for the safe return of your child;
- your or your child’s address must be kept confidential; or
- any other condition that the chancellor believes is necessary to keep you, your child, or another family or household member safe.1
The chancellor will decide which specific conditions to order based on the facts of your case.
1 Miss. Code § 93-5-24(9)(d)
Should I start a court case to ask for supervised visitation?
If you’re worried about leaving your child alone with the abuser, you might think about asking the judge (chancellor) to order supervised visits. However, there’s a lot to consider when deciding if this is the right choice for you.
Usually, supervised visits are only ordered for a short time, but this may be different depending on where you live and who your chancellor is. The chancellor might order a professional to watch the visits, or they might have a relative or other person known to either parent agree to be around during the visits to “keep an eye” on things. If the supervisor tells the chancellor that the visits are going well, the visits might become unsupervised. By the end of the case, the other parent may be allowed to visit more often and for longer than they did before you went into court. They might even get some form of custody.
If you’re already in court because the abusive parent asked for visitation or custody, it may make sense to ask for supervised visits if you have a good reason. It depends on your situation.
However, if there’s no court case already going on, it’s a good idea to talk to a lawyer before you start a case to ask for supervised visits. Based on what’s happening in your case, a local lawyer can explain:
- what you need to prove to get supervised visits; and
- how long supervision might last.
If your child is in immediate danger from the abuser, you may need to start a case to ask for custody and supervised visits to protect them. To find out what’s best for your situation, you can look for legal advice using our Mississippi Finding a Lawyer page.
