Filing for Custody, Divorce or Paternity in Mississippi

Getting a custody order protects your parental rights. An order clarifies who has a legal right to make decisions for your child and spend time with them.

You can apply for custody on its own or as part of a divorce or paternity case. The parent who files is the plaintiff. The other parent is the defendant.

Some details of the filing process may vary by county.

Where to file your case

If you're filing for divorce and your spouse lives in the same county or out of state, go to your county's Chancery Court. If your spouse lives in a different county, file with the court there.

If you're filing for paternity or custody, file with the Chancery Court in the county where your child lives.

Filing fees vary but are usually around $160 for all cases. If you cannot afford to pay, file a Pauper's Affidavit to ask the court to waive your fees.

Forms you'll need

Select court forms are available online, but you'll need to get most from a lawyer or your local Chancery Court. A lawyer or Mississippi Legal Services can help you through the filing process.

All cases

Whether you're seeking a divorce, paternity establishment or just custody, you'll need the following:

• Civil Case Filing Form: Lays out basic case information
• Financial Statement: Provides an overview of your finances
• Parenting Plan: Details a custody agreement between parents or proposes a custody arrangement for the court to consider (You can use the Custody X Change parenting plan template.)
• Rule 4 and Rule 81 Summonses: Inform the defendant of the date and time of their first hearing and that they have 30 days to respond
• Certificate of Service or Sheriff's Return: Confirms service by a process server or a sheriff
• Pauper's Affidavit: Only necessary if you're asking the court to waive filing or service fees due to having a low income

You do not need a summons or either document confirming service if you file a joint petition and a full agreement.

Divorce

You must reside in Mississippi for at least six months before filing for divorce.

If you and your spouse agree on all divorce terms, fill out a joint divorce petition and create a property settlement agreement.

Otherwise, fill out a divorce petition on your own. You can request orders for custody, spousal and child support, marital property, etc. through your petition.

Paternity

Your child must have a legal father before you can request a custody order. Signing the child's birth certificate on its own does not establish the paternity of a child born outside of marriage.

If parents agree on the father's identity, they can sign an Acknowledgment of Paternity form together. Then, they can file for custody (more below).

If they disagree on the father's identity, either can fill out a paternity petition. You can also request custody, visitation and child support orders through the petition.

Custody only

Fill out a custody petition to ask for a custody order. You'll say whether you think sole or joint legal and physical custody are best for the child and why.

Notifying the defendant (service)

The defendant receives notice of the case through a process called service. Service is not required if you've reached an agreement.

A sheriff or process server (anyone not involved in the case who is 18 or older) must deliver copies of the forms you filed. Sheriffs usually charge $35, while professional process servers charge around $45. You can request a waiver of these fees by filing a Pauper's Affidavit.

The server will fill out a Certificate of Service or Sheriff's Return. File this with the court as proof of service.

If you reach an agreement after filing but before service, you can ask the court to waive service. Then, you can hand in your agreement, signed by both you and the other parent. The court will refund your filing fee if you file the waiver within 120 days of filing your petition.

Preparing for what comes next

Once you file all your paperwork, the court will notify you of your hearing date.

If you filed a full agreement, you'll appear before a judge to confirm its terms. A judge will sign your final orders to close your case, as long as they consider it in your child's best interest. If you're divorcing, you must wait 60 days from the date you filed for divorce to get a divorce judgment (unless one spouse is officially at fault).

If you haven't reached an agreement, you'll have a standard hearing where you'll present arguments and evidence to support your case. Take advantage of technology to be ready.

The Custody X Change online app offers custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, negotiate, prepare settlement paperwork or organize evidence.

Be prepared for your hearing and every step of your case with Custody X Change.

Our professional sources

The following lawyers have helped us understand child custody in Mississippi and can help you, too.

Amy Piertrowski
Southaven, MS

Dustin N. Thomas
Pascagoula, MS

Lauren E. Kelley
Gautier, MS