There are 12 ‘fault-based’ grounds for divorce in Mississippi. One of them is adultery. Adultery, like most of the other fault grounds, must be proven by clear and convincing evidence. What Does Adultery Legally Mean in Mississippi? So, let’s start with a definition....
If there are two separate paths to the same spot, one being relatively smooth and straightforward, and the other rocky and stressful to navigate - most people would choose the first. Divorce is never a pleasant process but if possible, getting a divorce based on...
Cohabitation is living with a partner to whom one is not married. This can lead to contentious issues in custody cases. Mississippi courts have considered cohabitation as a factor that could potentially impact the child's well-being. However, it's not automatically...
In a previous post, I outlined that to modify physical custody the parent seeking a change must show a material change in circumstance, that adversely affects the child, and it's in the child's best interest to change custody. Unlike most states, such a move by itself...
In Mississippi, custody of children is divided into physical and legal custody. By statute, physical custody refers to periods of time in which the child resides with one parent. Legal custody in turn refers to the decision-making rights related to health, education...
Custody Modification Questions: I often get questions related to changing a court's previous custody order. This is a first in a series of blog posts, answering the most common questions. In Mississippi, custody is divided into physical and legal custody of the...
The Mississippi Youth Court is a unique option for juvenile legal cases in this state. So, let’s go over how it all works. The Mississippi Youth Court generally deals with cases involving children under the age of 18. The court has jurisdiction over three types of...
In the context of a child custody case, how much control does the custodial parent have over the other parent’s visitation? Parents & Visitation Rights Occasionally, a custodial parent attempts to control the other parent’s visitation by dictating where it is to...
Whether part of a divorce, custody modification or youth court case, custody fights are one of the most difficult experiences a person can go through. Anger, bitterness, and despair overrun the parents, grandparents and family members fighting for custody. The...
