2. What do we need to do to get custody?
Types of custody that Mississippi child custody laws allow
Mississippi child custody laws, like those of most other
states, recognize two different types of custody, physical and legal. Physical
custody has to do with the day-to-day care for the child. Legal custody has to
do with the important decision-making responsibilities for the child. These
decisions can include issues regarding education, the child’s health, religion,
and so on. Sole or joint custody must also be applied to each of these two
types. If a co-parent is awarded sole physical or legal custody they will be
given full day-to-day care or decision-making responsibilities for the child.
If co-parents are awarded joint physical or legal custody they will share these
responsibilities. Mississippi family courts and professionals often prefer that
joint custody be awarded because it is seen as being in the best interest of
the child if both co-parents are cooperating and working together to raise
their child. Mississippi child custody laws and courts do not assume that one
co-parent is fit to have custody of the child over the other. Only after having
observed the co-parents in court and applied the Mississippi child custody laws
will a judge make a clear determination of how custody will be awarded.
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