Grandparents Rights In Mississippi
If you have a family member who has gone through a divorce or custody battle, you know how these cases may affect more than just the couple. A flurry of problems may arise when children are involved in a Mississippi divorce or custody dispute.
You might be wondering what rights you have as a parent of a kid involved in this type of case to maintain contact with your grandchildren. When it comes to children, the court’s goal is to defend the best interests of each kid. Grandparent visitation can be granted by any Mississippi court with jurisdiction over child custody issues. Child custody is the most common issue. This article explains grandparents’ rights in Mississippi.
Grandparent Visitation Rights In MS
The grandparent who is requesting time has the “burden of proof” (need to present sufficient evidence) to demonstrate that:
- The grandmother and the child have an active relationship based on a history of financial assistance for at least six months and/or frequent visits for at least one year.
- Grandparent visitation has been denied unreasonably by the child’s parents.
- In terms of health, safety, and welfare, the proposed visits are in the child’s best interests.
The court will consider any relevant evidence while making its judgment, under grandparents rights in Mississippi, such as:
- The child’s life may be disrupted as a result of frequent visits.
- The ability of the grandparents to provide enough supervision during the anticipated period.
- The age of the child and grandparents and their physical and mental condition.
- The size of a grandparent-grandchild relationship that already exists.
- The “moral fitness” of the grandparents (character).
- The distance between the child’s home and the grandparents’ home.
- If the grandmother has a history of undermining the parent’s discipline, consider the grandparent’s employment responsibilities.
- Grandparents’ willingness to accept the parent as the only caregiver for the child.
When it comes to who gets to see their children, the courts give parental preferences a lot of weight. If one parent has sole custody, any planned visiting schedule must not conflict with the time of the other parent.
Grandparent Custody Rights In Mississippi
If it is in the child’s best interests, MS courts will consider awarding custody to a non-parent. Anyone can seek custody from the court by demonstrating that the natural or legal parents are unfit, although grandparents take precedence over other non-parent claims.
To prove that a parent is unfit, you must persuade a judge that the parent is incapable of providing a secure and supportive living environment for the child and/or that the parent has abandoned or neglected the child. If you can establish that the child’s parents are unsuitable, you must also show that having the child live with you is in the child’s best interests, taking into account your grandchild’s health, safety, and welfare.
If you have any issues concerning your grandparents rights in Mississippi, you should consult with a local, competent family law expert who can guide you through the process.
How do I get grandparents rights in MS?
You must file a “petition” (a formal written request) in the court that is deciding on your grandchild’s custody and visitation or in the county where the kid lives. You will outline the visitation schedule you want to implement in your petition.
Once you’ve submitted your request, you must notify everyone involved, including the child’s parents and anyone else who may have filed for custody. If the parent proves a financial hardship, the court may order you to pay both sides’ attorneys’ fees and costs.
Suppose you currently have a visitation order but want more time, or the child’s parent is interfering with your visits. In that case, you can seek the court to enforce or “modify” (alter) it by demonstrating that the current order is ineffective.
What legal rights do grandparents have in MS?
Grandparents in Mississippi have the legal right to request reasonable visitation with their grandchildren from the court:
- Before or after a divorce, separation, or the death of one of the parents.
- If the grandparent supported the child financially for at least six months.
- If the grandmother had at least one year of frequent visitation, including overnights.
FAQs
No, grandparents do not have any legal rights by default. You can, however, seek rights to see your grandkids under the 1989 Children’s Act if the courts grant you permission.
All legal rights of a child’s biological parents and relatives are transferred to the adoptive parents and family upon adoption. Your grandparent visitation rights will be revoked and transferred to the adoptive grandparents if your grandchild’s parents place the child for adoption with another family
Join advocacy groups for grandparents’ rights, and research your legal visitation rights. If you can, try to mend the shattered friendship. Send cards and letters to your grandchildren to keep in touch. Simply keep any dialogue in a loving and light tone.
A parent is not legally obligated to allow a grandparent to see their grandchild unless the grandparent has obtained a court order granting them visitation. Grandparent visitation is restricted in many places until the parents split or one or both parents pass away.
No one has to accept visiting if you both agree. That’s fine to include in your custody agreement or court order. If you disagree, your child’s father will almost certainly be allowed to involve her to whatever extent he sees fit during his parenting time.
Grandparents do not have an automatic right to see their grandchildren under existing family law. The parents would have to approve any interaction the children have with their grandkids.
Because grandparents do not have automatic rights to their grandchildren, parents can refuse grandparent visitation if there is no court order authorizing it. If the case goes to a family court and a grandparent contact order is granted, a parent cannot limit their grandchild’s contact.
