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Legal Information: Mississippi


December 10, 2020

What is physical custody? What is legal custody?

Physical custody refers to the periods of time when one parent is responsible for care of the child.1 Legal custody means decision-making rights and responsibilities related to the child’s health, education, and welfare.2

Joint physical custody means that each parent has regular and continuing contact with the child and a significant period of time when the child is in his/her care.3 Joint legal custody means that both parents share decision-making rights and responsibilities regarding the health, education, and welfare of the child. A joint legal custody order also requires that you and the other parent consult before making decisions regarding the health, education, and welfare of the child.4

1 Miss. Code § 93-5-24(5)(b)
2 Miss. Code § 93-5-24(5)(d)
3 Miss. Code § 93-5-24(5)(c)
4 Miss. Code § 93-5-24(5)(e)