If you are facing a divorce with children involved, you may be wondering how to navigate child custody disputes in Hattiesburg, MS. Divorce can be one of the most stressful experiences in a parent’s life, creating questions around visitation, child support, and which parent will spend the majority of the time with the children. If you have questions about child custody in Mississippi, a Hattiesburg child custody attorney can help.
At Johnson, Ratliff & Waide, PLLC, we understand how confusing and overwhelming a child custody case can be. With over 50 years of combined experience, our firm is ready to help you discover your child custody legal options, as well as an array of family law concerns.
Mississippi Custody Laws
Mississippi House Bill 1662, which took effect July 1, 2026, established that joint physical and legal custody with equal 50/50 parenting time is in the best interest of the child. If either party proposes any other arrangement, a preponderance of evidence must exist to establish cause for deviation from the norm. Child custody hearings and other related family law matters in Hattiesburg are most often heard at the Forrest County Circuit Court on West Pine Street.
Physical custody is defined as the amount of time the child resides with each parent. Legal custody is defined as each parent’s right to make decisions concerning the health and welfare of their children.
While the court can award equal physical and legal custody, in some situations, especially where domestic violence is present and documented, one or both parents may be denied custody of their children. About half of US states presume that granting custody to a parent with a history of domestic violence is harmful to the child.
Common Child Custody Issues in Mississippi
There are four main situations that may create grounds for a rebuttal of the joint custody standard. These issues are:
- Claims of immoral or unfit conduct: If one party raises concerns over the other parent’s fitness, such as substance use issues, neglect, exposing the child to sexual situations, or other unfit conduct, this can be grounds for a rebuttal of the natural parent presumption standard.
- Abandonment: If one of the child’s parent conducts themself in such a way as to forgo their duties as a parent, or deserts their obligations to their children, the other party may raise a rebuttal.
- Defrauded stepfathers: If a husband believes he is the biological father of a child and raises the child as his own, Mississippi law may allow him to challenge the natural-parent presumption in a custody dispute. Under limited circumstances, a stepparent who has established an in loco parentis relationship with a child may be considered on equal footing with a natural parent when the court determines custody.
- Domestic violence: If there is evidence to support domestic violence allegations, sole custody may be awarded to the parent who has sought a domestic abuse protection order.
What To Do if the Other Parent Disputes Your Custody Rights
No matter how amicable a divorce may be, conflicts around custody can still arise. Parents usually have an understandable desire to spend the most time possible with their children. As part of divorce or custody proceedings, a parenting plan must be negotiated and agreed upon before the final judgment can be established.
Many conflicts around child custody can be worked through during mediation, so long as each party is willing to set aside differences for the sake of their children. It is crucial to seek the advice of a knowledgeable child custody lawyer early on, before you file for divorce. A lawyer can help you understand your rights and counsel you on any potential issues or conflicts you might encounter during your child custody case.
FAQs
What Is an Example of Coercive Control in a Custody Case?
Coercive control is a pattern of behavior designed to control, manipulate, and influence the behavior of another party during a divorce or custody case. Some examples of coercive control include weaponizing the children against the other parent, making false allegations, and delaying legal proceedings by filing unnecessary motions and evaluations. Coercive control can create a high-conflict situation that does not reflect the interests of the child.
How Should I Deal With Child Custody Disputes?
Child custody disputes require the advice and negotiation skills of a knowledgeable attorney or a neutral third party, often a mediator trained in conflict resolution. If you are rebutting the other parent’s right to joint custody, you should hire a child custody lawyer and document any examples of neglect, abandonment, abuse, or unfit parenting to validate your claims.
How Long Does an Absent Parent Have Before Abandonment Is Declared in Mississippi?
In Mississippi, there is not one universal period after which an absent parent is automatically declared to have abandoned a child. Abandonment is determined under Mississippi law based on the parent’s conduct and whether it demonstrates an intent to relinquish parental responsibilities. In some circumstances, prolonged lack of contact may support a finding of abandonment, but a court must evaluate the circumstances before terminating parental rights.
What Is the Biggest Mistake in a Custody Battle?
One of the biggest mistakes in a custody case is putting your anger and emotions above the well-being and interests of your child. It’s important to remain as civil as possible during divorce and custody proceedings, and to not react emotionally at hearings and mediation sessions. Remember to consider that your children are facing overwhelming emotions of their own. Aggression toward the other parent only adds to their distress.
Hire a Child Custody Lawyer in Hattiesburg, MS
It can seem daunting to face a child custody case, especially in a high-conflict divorce. At Johnson, Ratliff & Waide, PLLC, our team of compassionate, skilled lawyers is ready to help you understand your custody rights and establish a strategy that results in a positive outcome for you and your children. We have served many clients in Hattiesburg in situations similar to yours and are ready to assist you, too. Contact our office today to schedule your initial consultation.
