At Middleton & Tinsley Law Firm, we understand that one of the most difficult matters in a divorce, separation, or pregnancy is determining who gets custody of the children and what type of visitation is appropriate. This is a deeply emotional matter and it is best to seek guidance from a lawyer. You do not have to be a perfect parent or have been a perfect spouse to receive custody, and often people give up rights because they are so entangled in their situation and do not understand the legal standard for determining custody rights. Let us help you think clearly and determine what is in the best interest of you and your children.
There are 2 types of child custody under Mississippi law: physical and legal custody. Physical custody concerns who the minor child will live with. Legal Custody grants a party decision-making rights concerning, among other things, medical, educational, and welfare choices for the child.
Courts award custody according to the best interest of the minor children as follows:
Joint physical custody means the parties share actual custody of the minor child and assures the child frequent and continued contact with both parents.
Joint legal custody means the parents are to exchange information concerning the health, education and welfare of the minor child, and to confer with one another in making decisions for the child.
When physical custody of children is awarded solely to one parent, the non-custodial parent usually is awarded rights of visitation. Most non-custodial parents receive regular overnight visitation as follows:
The award of visitation to the non-custodial parent depends on the unique circumstances of each case and may differ greatly based on the distance the parties live apart from each other and other factors.
Middleton & Tinsley Law Firm, PLLC