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Legal Information: Mississippi

Custody

Updated: 
December 19, 2023

How will a judge make a decision about custody?

The judge will look at many factors to decide what is in the best interest of your child. Some of those factors include:

  • the child’s age, health, and sex;
  • which parent had continuing care of the child before the parents separated;
  • which parent has the best parenting skills;
  • which parent has the willingness and capacity to care for the child;
  • both parents’ work responsibilities;
  • the parents’ physical and mental health;
  • the parents’ ages;
  • emotional ties of the parent and child;
  • the parents’ moral fitness;
  • the child’s home, school and community record;
  • the child’s wishes if the child is old enough to express a preference;
  • stability of the home environment and of each parent’s employment; and
  • any other relevant factors.1

1 Albright v. Albright, 437 So. 2d 1003 (Miss. 1983)