Full question:
While living, can I have shared custody with another person other than my child's father? My family is incompetent and I have medical problems that may, someday, prevent me from caring for my child properly.
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Mississippi
Answer:
Child custody can be awarded in various ways. The court may grant joint physical and legal custody, joint physical custody with sole legal custody to one parent, joint legal custody with sole physical custody to one parent, or sole physical and legal custody to one parent. The primary consideration is the best interests of the child.
According to Section 93-5-24 of the Mississippi Code, custody may be awarded as follows:
- Physical and legal custody to both parents jointly.
- Physical custody to both parents jointly and legal custody to either parent.
- Legal custody to both parents jointly and physical custody to either parent.
- Physical and legal custody to either parent.
- If both parents are found unfit, custody may be awarded to a suitable person who can provide proper care (Miss. Code § 93-5-24).
Joint custody may be awarded based on the parents' agreement or upon application by one or both parents. There is a presumption that joint custody is in the best interest of the child if both parents agree. However, in custody disputes, there is a presumption that it is not in the child's best interest to be placed in the custody of a parent with a history of family violence.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.