Mississippi Code § 93-16-3 gives grandparents two paths to court-ordered visitation. The first applies when a court has awarded custody of the child to one parent, terminated a parent's rights, or when one of the child's parents has died. The second lets any other grandparent petition the chancery court by proving a viable relationship with the grandchild, an unreasonable denial of visitation by the parent or custodian, and that visitation serves the child's best interest. Guardianship, a separate chancery proceeding, can give grandparents custody when parents cannot care for the child.
- Two statutory paths: after a custody decree, termination of parental rights, or a parent's death; or based on viable relationship, unreasonable denial, and best interest
- Viable relationship means at least six months of financial support, at least a year of frequent visitation including occasional overnights, or caring for the child while the parent was in jail or on military duty
- Viable-relationship petitions are filed where a custody order was previously entered, or if none exists, where the child lives or may be found
- Guardianship available when parents cannot care for the child due to incarceration, addiction, or neglect
- We serve South Mississippi: Hattiesburg, Forrest, Lamar, Jones, Marion, and neighboring counties
Protecting Your Relationship with Your Grandchild
When a parent cuts off your access to your grandchild, due to divorce, conflict, death, or incarceration, the loss is devastating. Grandparents who have raised, supported, or deeply cared for grandchildren deserve legal protection. Mississippi Code § 93-16-3 recognizes this.
For over 45 years, Lowrey, Fortner, & Miri P.A. has guided families through complex legal matters, including grandparents' rights. We understand the chancery court process and how to build compelling cases for visitation or guardianship. Our work has been covered by AP, Reuters, and PBS.
Two Paths to Grandparent Visitation in Mississippi
Mississippi Code § 93-16-3 protects grandparents through two distinct statutory pathways, each with its own requirements and strength.
When a court has awarded custody of your grandchild to one parent, terminated a parent's rights, or when one of the child's parents has died, § 93-16-3(1) lets a grandparent petition for visitation in the court that entered the decree, or after a parent's death, in the chancery court where the child lives. You do not have to prove a viable relationship under this path, but the chancellor must still find that visitation is in the child's best interest.
If Path 1 does not apply, you may still petition the chancery court if: (1) you established a viable relationship with the grandchild as the statute defines it; (2) the parent or custodian unreasonably denied you visitation; and (3) visitation is in the best interest of the child. The chancellor weighs all the evidence, and while a fit parent's wishes carry real weight, they are not absolute.
Understanding "Viable Relationship"
A viable relationship must be demonstrated by concrete actions and ongoing involvement, not biological connection alone.
You have voluntarily and in good faith supported the child financially, in whole or in part, for at least six months before filing your petition. Evidence includes bank records, receipts, and testimony from family members.
You have had frequent visitation with the grandchild, including occasional overnight visitation, for at least one year before filing. Regular childcare, school pickups, and doctor appointments help show the depth of that involvement.
You cared for the grandchild over a significant period of time while the parent was in jail, or while the parent was away on military duty that kept the parent from the home. Any one of the three statutory routes can establish a viable relationship.
Your involvement must be continuous and substantial, not sporadic or merely ceremonial. Courts examine the depth of emotional bonds, the grandchild's dependence on you, and the role you have played in the child's development.
How Grandparent Visitation Cases Work
The process begins with filing a petition and culminates in a chancery court hearing before a chancellor who decides whether visitation is in the child's best interest.
Your attorney files a Petition for Visitation in the proper county. Under § 93-16-3, a viable-relationship petition is filed where a custody order for the child was previously entered, or if there is none, where the child lives or may be found. Petitions tied to a custody, termination, or divorce decree go to the court that entered it.
The parent(s) are served with notice of your petition, and under § 93-16-5, everyone who would be a required party in a custody case must be made a party. They have time to respond and present their own evidence. Proper service under the Mississippi Rules of Civil Procedure is essential.
Both sides may exchange information and documents relevant to the case. Many cases settle during negotiation when parents understand your commitment and the strength of your relationship. Settlement can be faster and less contentious.
If settlement is not reached, the chancellor holds a hearing. Both sides present evidence: testimony, photographs, school records, financial documents, and witness testimony. The chancellor then issues an order granting or denying visitation.
If granted, the chancellor issues a Visitation Order that specifies the schedule, duration, and terms of your visitation. The order becomes binding and enforceable in chancery court.
Under § 93-16-5, the court may enforce a grandparent visitation order and may modify or terminate it for cause at any time. If the parent violates the order, you may seek contempt relief. We help you enforce and protect your visitation rights.
Key Issues in Grandparent Cases
Successful cases require addressing key legal issues and building credible evidence of your relationship with the grandchild.
Parents have a strong constitutional right to direct the upbringing of their children, and Mississippi courts give real weight to a fit parent's wishes. Overcoming that requires proving one of § 93-16-3's statutory grounds and showing that visitation is in the child's best interest. We address this head-on with evidence and argument.
The ultimate question is whether visitation serves the child's best interest. Courts consider the child's wishes, your stability, the parent's fitness, the closeness of your relationship, and disruption to the child's life. We build a case showing visitation benefits the child.
If you need custody (not just visitation), guardianship is the answer. When parents cannot care for a child due to incarceration, substance abuse, neglect, or death, you can seek guardianship that gives you legal decision-making authority and responsibility for the child.
If DHS is already involved in the family due to neglect or abuse, your guardianship or visitation petition may be coordinated through youth court or remain in chancery court. We navigate both systems and work with DHS to protect your grandchild.
If the parent is unstable (due to addiction, incarceration, mental health issues, or history of neglect), this strengthens your case. We document fitness issues and show how you provide stability and continuity for the child.
Build your case with school records, medical records, financial records, photographs, correspondence, and witness testimony. Character letters from teachers, neighbors, and other family members strengthen your evidence of a viable relationship.
Your Grandparent Rights Team
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Frequently Asked Questions About Grandparent Rights
Do grandparents have visitation rights in Mississippi?
Yes, but only by statute. Mississippi Code § 93-16-3 gives grandparents two paths to petition for visitation: (1) when a court has awarded custody of the child to one parent, terminated a parent's rights, or when one of the child's parents has died; or (2) when you can show a viable relationship with the grandchild, an unreasonable denial of visitation by the parent or custodian, and that visitation serves the child's best interest.
What is a viable relationship in Mississippi grandparent visitation?
Mississippi Code § 93-16-3 defines a viable relationship in three specific ways: the grandparents voluntarily and in good faith supported the child financially, in whole or in part, for at least six months before filing; or they had frequent visitation with the child, including occasional overnight visitation, for at least one year; or they cared for the child over a significant period while the parent was in jail or away on military duty. Courts examine the substance of the relationship, not merely occasional contact.
Can grandparents get custody instead of visitation in Mississippi?
Yes, through guardianship, which gives you legal custody and decision-making authority. Guardianship is pursued when parents cannot care for the child due to incarceration, substance abuse, neglect, or death. Visitation allows time with the grandchild while parental authority remains with parents.
What if the parent dies, can grandparents still get visitation?
Yes. If one of the grandchild's parents has passed away, § 93-16-3 lets you petition the chancery court in the county where the child resides for visitation without having to prove a viable relationship. The chancellor must still find that visitation is in the grandchild's best interest. Guardianship may also be an option when the surviving parent cannot care for the child.
What is guardianship of a grandchild in Mississippi?
Guardianship is a chancery court status that gives you legal custody and decision-making authority over a grandchild. You become responsible for the child's welfare, education, medical decisions, and support when parents cannot care for the child.
How do I petition for grandparent visitation in Mississippi?
File a Petition for Visitation in the proper court. Under § 93-16-3, a viable-relationship petition is filed in the county where a custody order for the child was previously entered, or if there is none, in the county where the child lives or may be found. The petition should explain your relationship, document the viable relationship, show unreasonable denial, and explain how visitation serves the child's best interest.
Which chancery court hears grandparent visitation cases in South Mississippi?
It depends on the path. Petitions tied to a custody decree or termination case go to the court that entered the decree. After a parent's death, or where no custody order exists, the petition is filed in the county where the child resides. In Forrest County, that means the Paul B. Johnson Chancery Court Building in Hattiesburg. In Lamar County (Purvis), Jones County (Laurel/Ellisville), and other counties, file with that county's chancery clerk.
What happens after I file a grandparent visitation petition?
The chancery clerk assigns a docket number, and the parents, along with anyone else who would be a required party in a custody case, are served under § 93-16-5. A hearing date is set before the chancellor. Both sides present evidence about your relationship and the child's best interest. The chancellor then issues an order granting or denying visitation, with specified terms if granted.
How long does a grandparent visitation case take in Mississippi?
Straightforward cases with cooperative parties may resolve in 60-90 days. Contested cases may take 4-6 months or longer depending on discovery and hearing schedules. We handle all aspects efficiently.
How much does it cost to pursue grandparent visitation in Mississippi?
Costs include chancery court filing fees (typically $150-300) and attorney fees. Uncontested cases cost less; contested cases with discovery and trial cost more. One statutory caution: under § 93-16-3, if the parents show financial hardship and ask the court, the grandparents can be ordered to pay the parents' reasonable attorney's fees regardless of how the case comes out. We offer transparent fee arrangements discussed upfront.
What if the parent and I are involved in a divorce or custody case?
If a court awards custody of your grandchild to one parent in a divorce or custody case, § 93-16-3 lets you petition for visitation in the court that entered that decree. Raising the request there can be more efficient than starting a separate proceeding.
Can a parent prevent visitation with a grandparent in Mississippi?
Yes, unless a court orders visitation. Parents have a constitutional preference for control, but under § 93-16-3, if you prove a viable relationship, unreasonable denial, and that visitation serves the child's best interest, the court can override the parent's objection.
What if DHS is involved with my grandchild's family?
If DHS is involved due to neglect, abuse, or parental incapacity, you may pursue guardianship or visitation through both chancery court and youth court. DHS may support your petition. We coordinate with DHS to navigate both systems.