Child Custody and Relocation Laws in Mississippi

It's not unusual these days for people to move frequently during their lives, whether to a different city, state, or even country. But when divorced or separated parents plan to move far away with their children, the stay-behind parents often object that the relocation would hurt their parent-child relationship. Whether you're seeking to move or are opposing your child's relocation, you need to know how Mississippi law treats move-away cases.

Overview of Child Custody and Modifications in Mississippi

There are two types of child custody in Mississippi: legal custody and physical custody. Legal custody means the parents' rights to make decisions about their children's health, education, and welfare. Physical custody means the time a child is under one parent's care and supervision. Parents may share either or both custody types. (Miss. Code § 93-5-24(5) (2024).)

Most divorced parents share joint legal custody. They may also share joint physical custody, meaning that each of them has the child for significant (but not necessarily equal) amounts of time. But even when one parent has sole physical custody, the other parent typically has visitation rights.

Parents always have the option of reaching a custody agreement. If they don't agree, a judge will have to decide which custody arrangements will be in the child's best interests.

Either parent may request a change ("modification") in the current custody or visitation orders. Without an agreement, the parent who's seeking to modify custody must demonstrate that:

• there's been a change in circumstances that negatively affects the child, and
• the requested modification would be in the child's best interests.

The standards aren't as high when parents want to modify only visitation arrangements. They'll simply need to show that the current arrangements aren't working, and that the requested change would be in the child's best interests.

Learn more about child custody in Mississippi, including how judges decide what's best for the children.

Do Mississippi Parents Have to Give Notice Before Moving With Their Children?

Unlike some states, Mississippi doesn't require parents to give advance notice to the other parent (or the court) before they relocate with their children. Under Mississippi court rules, all custody orders should require parents to:

• keep each other informed of their address and phone, and
• notify the court and the other parent of their new address within five days after moving.

The rule is intended to prevent one parent from hiding a child's whereabouts from the other parent. It doesn't affect cases when one parent plans to move with the child, and the other parent wants to prevent the child's relocation. (Miss. Unif. Ch. Ct. Rules, rule 8.06 (2024).)

Although it's not mandatory under state law, some parents might include a provision in their divorce settlement agreement that requires them to let each other know about any future planned move. They'll have to follow that requirement once their agreement has been submitted to the court and a judge has made it part of a court order.

Even when it's not required, it's still wise to let the other parent know when you're planning to move with your child. That way, you have the chance to work out an agreement on any necessary changes to your current parenting plan (more on that below). Otherwise, the other parent may file a modification motion, and you run the risk of losing custody.

Agreements on Relocating With Children

Whether you're planning to move with your children, or are concerned about how your co-parent's planned relocation will affect your relationship with the kids, you always have the option of trying to agree on a change to your current custody and visitation arrangements.

Once you've reached an agreement, you'll need to submit it to the court, along with a petition to modify custody or visitation. As long as the agreement is in the child's best interests, a judge will usually approve it.

What Do Judges Look at When Deciding Relocation Cases?

Without an agreement about a parent's relocation with the child, the other parent may ask the court to change the existing parenting schedule or even to change which parent will have physical custody of the child.

The same basic requirements for all custody modifications (discussed above) apply in relocation cases. A parent's move with a child doesn't automatically meet those requirements. Instead, the judge will look at the specific circumstances around the move and its effect on the children. For example:

• When one parent's move to another state would make a joint custody arrangement unworkable, the move may count as a change in circumstances warranting a modification. Still, the judge will also have to consider whether it would be in the child's best interests to give the non-moving parent physical custody. (Franklin v. Winter, 936 So.2d 429 (Miss. Ct. App. 2006).)
• A judge may decide that it's best for children to live primarily with the non-moving parent when they've suffered negative consequences from moving with the other parent to a place where they have no extended family or friends. (Marter v. Marter, 914 So.2d 943 (Miss. Ct. App. 2005).)

As mentioned above, the criteria for modifying visitation orders aren't as stringent as for modifying custody. When a parent with sole physical custody relocates with a child, the noncustodial parent may be able to get a change in the current visitation schedule by showing that the current schedule isn't working as a result of the move and that a modified schedule would be best for the child. Judges generally want to make sure that noncustodial parents can maintain frequent contact with their children and a good parent-child relationship.

Getting Help With Relocation Requests

If you're having trouble reaching an agreement with your ex about a relocation with your child, you might be able to resolve your dispute through custody mediation.

But if mediation isn't appropriate in your situation, or it doesn't result in an agreement, you should at least speak with a lawyer. Contested relocation cases can be complicated, especially when the move involves a long distance and the parents have joint custody (even if the children primarily live with one parent). An experienced family law attorney can evaluate your case, explain the best way forward, and gather the kind of evidence you need to win in court—if it comes to that. Also, if you learn about your ex's planned relocation ahead of time, a lawyer may be able to suggest legal options for trying to prevent the move.