Can I have shared custory of my child with my family due to my medical condition?
01/03/2007 - Category:Divorce - Child Custody - State: MS #78
While living, can I have shared custody with another person other than my child's father? My family is incompetent and I have medical problems that may, someday, prevent me from caring for my child properly.
Custody may be granted in several different ways. The court may grant joint physical and legal custody, joint physical custody and sole legal custody to either parent, joint legal custody and sole physical custody to either parent, or sole physical and legal custody to either parent. Custody is awarded based upon the best interests of the child. There is no presumption that it is in the best interests of the child that the mother be awarded either legal or physical custody.
Section 93-5-24 of the Mississippi Code specifically provides:
1) Custody shall be awarded as follows according to the best interests of the child:
(a) Physical and legal custody to both parents jointly pursuant to subsections (2) through (7).
(b) Physical custody to both parents jointly pursuant to subsections (2) through (7) and legal custody to either parent.
(c) Legal custody to both parents jointly pursuant to subsections (2) through (7) and physical custody to either parent.
(d) Physical and legal custody to either parent.
(e) Upon a finding by the court that both of the parents of the child have abandoned or deserted such child or that both such parents are mentally, morally or otherwise unfit to rear and train the child the court may award physical and legal custody to:(i) The person in whose home the child has been living in a wholesome and stable environment; or
(ii) Physical and legal custody to any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.
In making an order for custody to either parent or to both parents jointly, the court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.
(2) Joint custody may be awarded where irreconcilable differences is the ground for divorce, in the discretion of the court, upon application of both parents.
(3) In other cases, joint custody may be awarded, in the discretion of the court, upon application of one or both parents.
(4) There shall be a presumption that joint custody is in the best interest of a minor child where both parents have agreed to an award of joint custody. (9) (a) (i) In every proceeding where the custody of a child is in dispute, there shall be a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody or joint physical custody of a parent who has a history of perpetrating family violence
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01/03/2007 - Category: Child Custody - State: MS #78
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