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Legal Information: Mississippi

Custody

Laws current as of August 8, 2025

How 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)