This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Mississippi USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
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FAQ
Crucial Factors. While there's no Magic 8 Ball, you can expect the judge to consider the following factors before making a decision: Any confirmed evidence of domestic violence, abuse, or neglect by either parent. Each parent's ability to provide for the children's physical needs, emotional wellness, and medical care.
Legal and Physical Custody Legal custody: this gives the parent the ability to make decisions about the child's medical care, education, religious upbringing, and other important issues. Physical custody: the child will live with the parent for most of the time and be under their physical control.
If a couple in Mississippi has a child together, and are unmarried, then the mother has automatic sole custody.
A child age 12 or above may tell the judge his or her preference for custody if the court considers both parents fit. The judge, however, is not bound by the child's preference. A judge awards both physical and legal custody.
The most basic part of the "best interests" standard is that custody decisions should serve the children's health, safety, and welfare.
The primary purpose of the evaluation is to assess the best psychological interests of the child. The primary consideration in a child custody evaluation is to assess the individual and family factors that affect the best psychological interests of the child. More specific questions may be raised by the court.
As a default rule for custody disputes, the approximation rule explicitly eschews an investigation of multiple factors relevant to a child's best interests. Instead, it relies on one factor?past caretaking?to make the outcome of disputes more predictable and reduce the incidence of custody trials.
Crucial Factors. While there's no Magic 8 Ball, you can expect the judge to consider the following factors before making a decision: Any confirmed evidence of domestic violence, abuse, or neglect by either parent. Each parent's ability to provide for the children's physical needs, emotional wellness, and medical care.