Custody

In Mississippi, your child’s grandparents can only ask for court-ordered visits in a few situations. They can file their petition for visitation if:

• custody is awarded to only one parent;
• parental rights are terminated for one parent;
• one parent dies; or
• the grandparent has established a “viable relationship” with your child, and both of the following are true:
  1. one of the parents or their custodian is unreasonably denying visitation; and
  2. the chancellor believes that visitation would be in the best interest of your child.¹

A “viable relationship” means that the grandparent has:

• helped support your child financially for at least six months;
• regularly visited your child, including occasional overnight visits, for at least one year; or
• cared for your child over a significant period of time while a parent was away on military duty or in jail.²

¹ Miss. Code § 93-16-3(1), (2)
² Miss. Code § 93-16-3(3)