Legal Information: Mississippi


December 10, 2020

How will a judge make a decision about custody?

Judges make decisions about child custody based on whatever they think is in the best interests of the child. 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

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

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