What You Need to Know About Child Custody if You Get Divorced in Mississippi
Going through a divorce in Mississippi can be difficult enough, but when children are involved, it can be even more complicated. If you’re getting divorced in Mississippi and you have children, there are a few things you need to know about child custody.
Rates of Divorce
First and foremost, it’s important to understand how common divorce rates are in Mississippi and the rest of the United States. It’s estimated that one divorce occurs every 36 seconds and that approximately 50% of all first marriages in the United States end in divorce.
While these numbers may seem high, it’s important to remember that every situation is different. These statistics can help you feel less alone if you’re going through a divorce.
Types of Child Custody
In Mississippi, there are two types of child custody: physical custody and legal custody. Physical custody refers to where the child will live, while legal custody refers to who will make decisions about the child’s upbringing.
It’s important to understand that physical and legal custody can be shared between parents, or one parent can have sole custody of both types. Shared custody is becoming more common, as it’s generally seen as being in the best interests of the child.
However, there are some situations in which one parent may have sole custody. This is often the case when one parent is deemed unfit to care for the child, either because of substance abuse, mental illness, or a history of domestic violence.
Making a Child Custody Agreement
If you’re getting divorced in Mississippi and you have children, you’ll need to come to a child custody agreement. This agreement will determine which parent has physical and legal custody of the child, as well as visitation rights if any.
It’s important to note that child custody agreements are not always set in stone. They can be modified if one parent gets remarried, moves out of state, or if there is a change in the child’s needs. However, you need to wait two years from the date of the initial child custody order to request a modification.
Enforcing a Child Custody Agreement
Once you have a child custody agreement in place, it’s important to make sure that it’s enforced. If your ex-spouse does not adhere to the terms of the agreement, you can take them to court.
The court will then decide whether or not to enforce the child custody agreement. If they find that the agreement has been violated, they may order make-up time for the parent who did not receive the child, change the custody arrangement, or award attorney’s fees.
It’s important to note that you should not try to enforce a child custody agreement on your own. If you do, you could be accused of kidnapping or child abduction.
Child Support Vs. Child Custody
It’s important to understand the difference between child support and child custody. Child support is the financial support that a parent pays to the other parent for the care of their child. Child custody, on the other hand, is the legal arrangement that determines which parent has primary responsibility for the child.
In Mississippi, both parents are required to financially support their child, even if they do not have custody. However, child support payments are usually provided to the residential parent from the nonresidential parent. The amount of child support that a parent pays is determined by the Mississippi Child Support Guidelines. Generally, child support is payable until the child turns 21 years old.
If you’re getting divorced in Mississippi and you have children, it’s important to understand your rights and responsibilities when it comes to child custody and child support. With the help of an experienced family law attorney, you can ensure that your rights are protected and that your children are taken care of.
