Custody

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)