Reviewed August 2026
Child Custody in Mississippi
In Mississippi, Chancery Court decides custody. This is Mississippi's court of equity jurisdiction. Unlike many states, Mississippi has no single comprehensive statute spelling out the best-interest standard. Instead, courts apply factors from a 1983 Mississippi Supreme Court decision, Albright v. Albright. These are known as the Albright factors. Courts use them to decide legal custody, the authority to make decisions for the child, and physical custody, where the child lives. Mississippi addresses joint custody directly by statute. Miss. Code Ann. § 93-5-24 lets the chancery court award joint legal custody, joint physical custody, or both. This can happen when both parents apply for it. It can also happen when the court decides joint custody serves the child's best interest, even without a joint application. The statute lists factors relevant to that decision. These include the parents' ability to cooperate, geographic proximity, and each parent's employment responsibilities. Once a Mississippi chancery court enters a custody decree, changing it later requires proof of a material change in circumstances since the decree. That change must adversely affect the child. Only then does the court reapply the Albright factors to the family's current situation.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how child custody works under Mississippi law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Mississippi paperwork. See how Virdix works for California divorces.
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The Albright factors and legal terms of art
Mississippi separates legal custody, the authority to make decisions about the child's upbringing, from physical custody, where the child lives day to day. Either can be joint or awarded to one parent. Because Mississippi has not codified one comprehensive statutory list of best-interest factors, chancery courts apply the factors from Albright v. Albright, 437 So. 2d 1003 (Miss. 1983). These factors include the age, health, and sex of the child, and which parent had continuity of care before the separation.
They also include which parent has the best parenting skills and the willingness and capacity to provide primary child care. The list covers the parent's employment and the responsibilities that come with it, and the physical and mental health and age of the parents. The factors also include the child's emotional ties to each parent, the moral fitness of each parent, and the child's home, school, and community record. Courts weigh the child's preference if the child is old enough, the stability of the home environment, and any other relevant factor, including evidence of domestic violence.
Joint custody under Mississippi statute
Miss. Code Ann. § 93-5-24 lets a Mississippi chancery court award joint legal custody, joint physical custody, or both. If both parents apply for joint custody, the statute directs the court to presume it serves the child's best interest. The court can find otherwise only if it finds evidence to the contrary, such as domestic abuse.
Even without a joint application, the court can award joint custody on its own if it finds that arrangement serves the child's best interest. It weighs several factors: whether the parents agree, and their ability and willingness to cooperate on joint decisions. It also considers employment schedules and other physical circumstances, how close the parents live to each other, the child's preference, and any history of domestic violence.
Where and how a custody case starts, and mediation
Custody actions in Mississippi are filed in Chancery Court, not Circuit Court, in the county where the case is properly venued. Custody tied to a divorce is raised inside the complaint for divorce. Unmarried parents establish custody through a standalone complaint. This generally happens alongside establishing paternity, if that has not already been done. Mississippi chancery courts can order the parties into mediation to try to resolve a contested custody dispute before trial. The Mississippi judiciary's civil legal resources page directs litigants to legal aid and self-help information. Mississippi has no single statewide statute requiring mediation or a parenting class in every custody case. Whether a court orders either one varies by chancery court district.
Changing a custody decree later
To modify an existing Mississippi custody decree, the parent seeking the change must show a material change in circumstances since the decree. That change must have adversely affected the child's welfare. Only then does the chancery court reapply the Albright factors to decide whether a change in custody serves the child's best interest. Mississippi courts weigh the child's stability heavily in this analysis. The change relied on must be a genuine and substantial shift in the family's circumstances, not just a parent's preference for a different arrangement. A modification action is filed in the same chancery court that entered the original decree.
Sources: Mississippi Legislature - statutes and legislative resources, Mississippi Judiciary - Civil Legal resources, Mississippi Judiciary - homepage
Not independently confirmed
- A direct deep link to the current text of Miss. Code Ann. § 93-5-24 is not published online with a stable state-hosted URL pass; Mississippi's official annotated code is distributed through a licensed publisher, so the citation should be cross-checked against the current published Mississippi Code.
- Which specific chancery court districts require mediation or a parenting class, versus leaving it to the judge's discretion, was not confirmed district by district.
- courts.ms.gov was unreachable at verification time; cited via archived snapshots
Child Custody in Mississippi: frequently asked questions
What are the Albright factors in Mississippi?+
The Albright factors come from the Mississippi Supreme Court's 1983 decision, Albright v. Albright. They are the primary framework chancery courts use to decide custody, since Mississippi has no single comprehensive best-interest statute. They include the child's age, health, and continuity of care. Also included are each parent's parenting skills and employment, moral fitness, emotional ties to the child, and the child's own preference if old enough.
Does Mississippi allow joint custody?+
Yes. Miss. Code Ann. § 93-5-24 lets a chancery court award joint legal custody, joint physical custody, or both. If both parents apply for it, the court presumes joint custody serves the child's best interest, unless there is evidence to the contrary, such as domestic abuse.
What is the difference between legal and physical custody in Mississippi?+
Legal custody is the authority to make decisions about the child's upbringing, such as education and medical care. Physical custody is where the child actually lives. Mississippi chancery courts can award either as joint between both parents or sole to one.
Where do I file for custody in Mississippi?+
In Chancery Court, Mississippi's court of equity jurisdiction, in the county where the case is properly venued. It is raised inside a complaint for divorce for married parents, or as a standalone complaint for unmarried parents, generally alongside establishing paternity.
Is mediation required in a Mississippi custody case?+
Mississippi chancery courts can order mediation to try to resolve a contested custody dispute before trial. But no single statewide statute mandates it in every case. Whether mediation happens depends on the specific chancery court district and judge.
How do I change a Mississippi custody decree?+
File a modification action in the same chancery court and show a material change in circumstances since the decree that has adversely affected the child's welfare. The court then reapplies the Albright factors to decide whether the change serves the child's best interest.
This page is general information about child custody in Mississippi, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Mississippi's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Mississippi. Virdix does not prepare or file Mississippi divorce paperwork. It is not a substitute for an attorney licensed in Mississippi.
More Mississippi divorce guides
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