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The Mississippi Department of Human Services (MDHS) cannot represent either party in establishing visitation or custody rights. If you do not have a divorce decree or a court-ordered visitation, Pro Se litigation may be an option for you to get a visitation order signed by a Judge.

First, if the parent engages in immoral or unfit conduct, which makes the parent unfit to be awarded custody (e.g., substantial and unreformed substance abuse, children not properly clothed or fed, exposing child to sexual situations, living with several men without the benefit of marriage, selling narcotics).

Filing for Custody in MS You will need to file a petition for custody in the proper court, usually in the county where the child resides or is physically present. Once the petition is filed, you will need to serve your child's other parent.

Mississippi Standard Visitation Amount Unless the court finds that one parent is a danger or represents other qualified risks to the child, a noncustodial parent is entitled to two weekends per month (ending Sunday afternoon), at least four weeks of visitation during the summer months, and alternating holidays.

When can my child decide which parent to live with? A child never has an automatic right to choose which parent to live with; however, a child that is age 12 or older will have the right to state a preference that will be considered as part of the Albright ?best interest of the child? test.

Children Can Express Preferences at Age 12 in Mississippi Prior to this date, they really have no say in when they see their parents. The child custody agreement must be followed regardless of their protests.