There are many reasons why families may choose to move to a different city or state, such as the opportunity of a better job, more family support, or even a successful school district. When divorced or separated parents consider relocation, it can be difficult, and one parent may object to the move. The primary concern is always the best interest of the child.
Whether you are trying to relocate with your children for a good opportunity or are opposing your child’s relocation, you need to know how Mississippi law treats relocation in custody agreements. Contact Derek L. Hall to ensure you know your rights as a parent before your child’s move.
Understanding Child Custody and Visitation Rights
The two different types of child custody that parents have in Mississippi are legal and physical custody. They may share one or even both types of custody, but if there is a disagreement on something that may not be in the child's best interests, one may request a modification to their custody agreement.
- Legal Custody: The responsibility to make big decisions about the child’s life, such as education and medical care. This can be a joint legal custody agreement where both parents make decisions together, or sole legal custody gives the responsibility to one parent.
- Physical Custody: The responsibility of ensuring they have a safe home and care. Joint physical custody means that the child spends substantial amounts of time with both parents, and both parents are responsible for providing a home. Sole physical custody means that although the child only lives with one parent, the other parent usually can still have visitation time.
Relocation Laws in Mississippi
Unlike most states, Mississippi does not have any laws related to parental relocation. While this means that the parent who is relocating doesn’t necessarily have to inform the other before they make the move, the other parent can still take it up in court. The courts will consider the motives of the move and if the move is in the best interest of the child.
The court will consider several factors when it comes to a parent relocating. Things like:
- The child’s best interest
- The motivation to move
- Visitation or custody agreement impact
- Any travel arrangements that will need to be made for the visitation agreement
- How disruptive the move would be to the child
Relocation's impact on a child with parents who share custody is the main reason a court will deny a parent’s relocation request. While there are no laws stating that you need to get permission in Mississippi to relocate, it is best that you start the relocation well ahead of time to keep things civil.
Common Challenges that Relocation May Face
If you are planning to relocate with your child the first step is to inform the other parent and the court of your intention to move. This should be done well before you make any formal plans for the move so that you have time to adjust or change any plans. The child’s other parent may resist the change and want to file a motion to modify your custody agreement. Significant changes to your custody agreement can significantly impact your relationship with your child, and a skilled family law attorney will be able to protect your parental rights and the time you have to spend with your child.
Don't Let Distance Impact Your Bond
There are no legal requirements for you to need a formal custody agreement or even inform the other parent of your decision to move, even when you do already have a custody agreement. However, everything should be done with the child’s best interest in mind. Parents should strive for open communication and cooperation to ensure the child’s life is stable and the co-parenting relationship is healthy. However, when situations arise where these ideals are unattainable, you must work with an experienced family attorney to represent your rights as a parent. Contact Derek L. Hall so that we can fight for your time with your child.
