Child Custody Modification
in Hattiesburg, Mississippi

Mississippi Code § 93-5-23 gives the chancery court authority to change a custody decree, but the test itself comes from case law. The parent seeking the change must prove a material change in circumstances in the custodial home that was not reasonably anticipated at the time of the original decree, that the change adversely affects the child, and that modifying custody would serve the child's best interest.

Once a material change with an adverse effect on the child is shown, Mississippi courts re-apply the Albright factors, from Albright v. Albright, 437 So. 2d 1003 (Miss. 1983), to decide whether changing custody serves the child's best interest. The court weighs the same factors as in the original custody determination, focusing on which parent can better provide for the child's emotional, physical, and developmental needs under current circumstances.

The moving parent bears the burden of proving that a material change in circumstances has occurred in the custodial home, that it adversely affects the child, and that modification serves the child's best interest. That test comes from Mississippi Supreme Court case law rather than a statute. For joint custody orders, Mississippi Code § 93-5-24(6) adds that the order may be modified on the petition of both parents or on one parent's petition showing a material change.

Yes. Under Mississippi Code § 93-11-65, if both parents are fit and able to provide for the child, the chancellor may consider the preference of a child who is 12 or older as to which parent the child would prefer to live with, and the chancellor must explain on the record why the child's wishes were or were not honored. The child's preference is only one consideration and is never controlling by itself.

A Guardian ad Litem (GAL) investigates and makes recommendations regarding the child's best interest. When a charge of abuse or neglect arises in a custody case, Mississippi Code § 93-5-23 requires the court to appoint a GAL who is an attorney; in other cases, appointment is within the court's discretion. The GAL interviews the child, parents, teachers, and others, then submits a report that carries significant weight, though the chancellor is not bound by it.

Timelines vary by county and court docket. Most uncontested modifications can be resolved in 60–90 days. Contested cases involving hearings, GAL reports, and discovery often take 4–8 months or longer, depending on the complexity and the Chancery Court's calendar.

Yes. A proposed relocation can constitute a material change in circumstances. The court applies a best-interest analysis under Mississippi law and considers factors such as the child's relationship with both parents, the reasons for the move, and the impact on visitation rights.

Strong evidence includes school records, medical reports, witness testimony, police reports, social media posts, and testimony from teachers, counselors, or the Guardian ad Litem. Courts give significant weight to objective evidence showing how the change affects the child's daily life and welfare.

Yes. Chancery courts can enter temporary orders regarding custody, visitation, and support while a modification case is pending, and where there is a genuine emergency affecting the child's welfare, the court can act quickly. These interim orders protect the child until a full hearing can be held.

Mississippi Code § 93-5-24(9) creates a rebuttable presumption that custody with a parent who has a history of perpetrating family violence is detrimental to the child and not in the child's best interest. A history can be shown by one incident causing serious bodily injury or by a pattern of family violence, proved by a preponderance of the evidence, and the court must make written findings. Such a history can support modification, and any visitation may come with safety conditions like supervised exchanges.

Violations can support a modification request. The court may find contempt, modify the order, award make-up visitation, or change primary custody if the violations demonstrate a material change affecting the child's best interest under Mississippi law.

Custody disputes are ordinarily between the parents. However, under Mississippi Code § 93-5-24(1)(e), if the court finds that both parents have abandoned or deserted the child or are unfit, it can award custody to the person in whose home the child has been living in a wholesome and stable environment, or to another suitable person. Grandparents can also pursue guardianship or statutory visitation in separate proceedings, but prevailing over a natural parent is rare without strong proof.

Mississippi law presumes joint custody is in the child's best interest when both parents agree to it. Under Mississippi Code § 93-5-24(6), a joint custody order can be modified on the petition of both parents, or on one parent's petition showing a material change in circumstances. The chancellor then decides what arrangement serves the child's best interest under the Albright factors.

Court filing fees are typically low (around $100 to $200 depending on the county). The largest costs are usually attorney fees, Guardian ad Litem fees, and possible expert witness fees. In some situations the court can order one party to pay the other's fees, for example where a party cannot afford counsel or where contempt is found, and § 93-5-23 requires the alleging party to pay fees when child abuse allegations are found to be without foundation.

Yes. Final judgments modifying custody can be appealed, with the notice of appeal generally due within 30 days of entry of the final judgment. Appellate courts give substantial deference to the chancellor, reversing only where the chancellor was manifestly wrong, the findings were clearly erroneous, or an erroneous legal standard was applied.