Custody

Before a judge (chancellor) can use family violence as a factor in a custody case, you will first need to prove what has happened. The chancellor may find that there is a history of committing family violence if:

• one incident of family violence has caused you serious bodily injury; or
• there has been a pattern of family violence against you, a family member, or a household member.¹

If the chancellor finds that a parent has a history of committing family violence, they will assume that it is not in the child’s best interest for that parent to have sole custody, or joint legal and physical custody.¹ This assumption is called a “rebuttable presumption,” which means that the abusive parent can present evidence to try to change the chancellor’s mind.

To make this decision, the chancellor will consider several factors, including whether the abusive parent:

• has shown that giving them sole or joint physical or legal custody is in your child’s best interests. This could be due to your:
  
  • absence;
  • mental illness;
  • substance abuse; or
  • another situation that affects your child’s best interests;
• has successfully finished a batterer’s treatment program, an alcohol or drug abuse counseling program, or a parenting class they were ordered to attend;
• is on probation or parole;
• has a restraining order issued against them, and whether or not they have complied with its terms and conditions; and
• has committed any other acts of domestic violence.²

A chancellor may also grant visitation to the abusive parent if they believe you and your child can be protected through some restrictions in the visitation order. For a list of a protections you can ask for, see Can a visitation order help protect domestic violence victims?

¹ Miss. Code § 93-5-24(9)(a)(i)
² Miss. Code § 93-5-24(9)(a)(iii)

Parental rights in Mississippi can be terminated for various reasons, some of which are related to domestic violence or sexual abuse. Parental rights could be terminated if the other parent:

• is not meeting your child’s needs, including food, clothing, shelter, or medical care;
• is not communicating with or visiting your child;
• has been abusive or neglectful, and this has made your child dislike them;
• is suffering from alcoholism or other drug addiction and has not successfully completed treatment;
• has been abusive towards your child or another child, and having future contact with that parent is undesirable;
• has been convicted of any of the following offenses against any child:
  
  • rape;
  • sexual battery;
  • touching a child for lustful purposes;
  • exploitation of a child (as described under sections 97-5-31 through 97-5-37);
  • felonious abuse or battery of a child;
  • carnal knowledge of a step or adopted child or a child of a cohabitating partner; or
  • human trafficking of a child; or
• has been convicted of:
  
  • murder or voluntary manslaughter of their child;
  • aiding, abetting, attempting, or soliciting, or conspiring to commit murder or voluntary manslaughter of their child;
  • felony assault that resulted in “serious bodily injury” to their child.¹

If you’re thinking about terminating the other parent’s rights, Mississippi law says that you might be able to file the case yourself.² However, you might want to talk to a Mississippi lawyer for advice first. These cases can be difficult and hard to win. If the other parent can’t afford a lawyer, the court will appoint one for them. Your child can get a lawyer appointed too, but you can’t.³ Also, you may want to ask a lawyer how terminating the other parent’s rights could affect your child’s legal rights. For example, your child might lose the right to inherit property or receive child support.

¹ Miss. Code § 93-15-121
² Miss. Code § 93-15-107(1)(a)
³ Miss. Code §§ 93-15-107(1)(c); 93-15-113(2)(b)