Legal Packet

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MISSISSIPPI )

) ss.

[COUNTY] COUNTY )

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[PETITIONER FULL NAME],

Petitioner,

v.

[RESPONDENT FULL NAME],

Respondent.

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PETITION FOR CUSTODY

CHANCERY COURT OF [COUNTY] COUNTY

Case No.: _______________

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COMES NOW Petitioner, [PETITIONER FULL NAME], and files this Petition for

Custody, and in support thereof states as follows:

JURISDICTION AND VENUE

1. This Court has jurisdiction over this custody matter pursuant to Miss. Code

Ann. § 93-27-201, which provides that "a court of this state has jurisdiction

to make an initial child custody determination only if: (a) This state is the

home state of the child on the date of the commencement of the proceeding, or

was the home state of the child within six (6) months before the commencement

of the proceeding and the child is absent from this state but a parent or

person acting as a parent continues to live in this state."

1. Petitioner is a resident of [COUNTY] County, Mississippi, residing at

[ADDRESS], [CITY], MS [ZIP].

1. Respondent is a resident of [COUNTY/CITY], [STATE], residing at

[ADDRESS], [CITY], [STATE] [ZIP].

1. Venue is proper in this Court because [the child resides in this county /

Petitioner resides in this county / Respondent resides in this county].

PARTIES

1. Petitioner, [FULL NAME], is the [mother / father] of the minor child(ren)

who are the subject of this Petition.

1. Respondent, [FULL NAME], is the [mother / father] of the minor child(ren)

who are the subject of this Petition.

MINOR CHILD(REN)

1. The minor child(ren) subject to this Petition is/are:

1. The minor child(ren) currently reside(s) with [Petitioner / Respondent /

both parents] at [ADDRESS], [CITY], MS [ZIP].

1. The minor child(ren) have resided in Mississippi for at least six (6) months

immediately preceding the filing of this Petition, making Mississippi the

"home state" under Miss. Code Ann. § 93-27-201.

MARITAL STATUS

1. Petitioner and Respondent [ARE / ARE NOT] married.

[If married:] The parties were married on [DATE] in [CITY], [STATE].

[Divorce is / is not] pending in [COUNTY] County Chancery Court,

Case No. [NUMBER].

[If not married:] The parties were never married to each other.

Paternity [HAS / HAS NOT] been established. [If established:]

Paternity was established by [VOLUNTARY ACKNOWLEDGMENT / COURT ORDER /

GENETIC TESTING] on [DATE].

CURRENT CUSTODY SITUATION

1. There is [no existing custody order / an existing custody order from this

Court dated [DATE] / an existing custody order from [STATE] dated [DATE]].

1. [Describe the current custody arrangement, who has been the primary

caregiver, and why a custody determination or modification is needed.]

STATEMENT OF FACTS

1. [Describe relevant facts supporting the custody request. Include:

• Each parent's relationship with the child
• Caretaking responsibilities
• Living situation and stability
• Any issues affecting the child's welfare
• Why the proposed custody arrangement is in the child's best interest]

CUSTODY REQUEST

1. Under Miss. Code Ann. § 93-5-24, "Custody shall be awarded as follows

according to the best interests of the child: (a) Physical and legal

custody to both parents jointly... (b) Physical custody to both parents

jointly... and legal custody to either parent. (c) Legal custody to both

parents jointly... and physical custody to either parent. (d) Physical

and legal custody to either parent."

1. Under Miss. Code Ann. § 93-5-23, "When a divorce shall be decreed from the

bonds of matrimony, the court may, in its discretion, having regard to the

circumstances of the parties and the nature of the case, as may seem

equitable and just, make all orders touching the care, custody and

maintenance of the children of the marriage."

1. Petitioner requests the following custody arrangement:

Legal Custody (decision-making authority):

[ ] Sole legal custody to Petitioner

[ ] Sole legal custody to Respondent

[X] Joint legal custody to both parents

Physical Custody (where child resides):

[ ] Sole physical custody to Petitioner

[ ] Sole physical custody to Respondent

[X] Shared physical custody

Residential Schedule:

• [Describe proposed schedule: weekdays, weekends, holidays, school

breaks, summer vacation, etc.]

Decision-Making:

• Educational decisions: [Joint / Primary Residential Parent]
• Medical decisions: [Joint / Primary Residential Parent]
• Religious upbringing: [Joint / Primary Residential Parent]

BEST INTEREST OF THE CHILD

1. The custody arrangement requested is in the best interest of the child(ren)

for the following reasons:

a) Fitness of parents: [Describe each parent's physical, mental, and

emotional fitness to care for the child]

b) Primary caregiver: [Identify who has been the primary caregiver and

describe the bond with the child]

c) Stability: [Describe the stability of each parent's home environment]

d) Child's adjustment: [Describe child's adjustment to home, school,

and community]

e) Relationship between parents: [Describe the parents' ability to

co-parent and communicate]

f) Geographic proximity: [Describe distance between parents' homes

and impact on custody arrangement]

g) Child's preference: [If child is old enough to express reasonable

preference, describe]

h) Other factors: [Any other relevant factors]

PRIOR PROCEEDINGS

1. [Describe any prior court proceedings involving the children, including

prior custody cases, protective orders, CPS involvement, or juvenile

court matters. If none, state "There are no prior court proceedings

involving the minor child(ren)."]

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a) Award [sole physical custody to Petitioner / joint physical custody /

shared physical custody] of the minor child(ren);

b) Award [sole legal custody to Petitioner / joint legal custody];

c) Establish a visitation/parenting schedule for the non-custodial parent;

d) Establish child support in accordance with Mississippi law;

e) Award Petitioner costs of this action; and

f) Grant such other and further relief as the Court deems just and proper.

VERIFICATION

I, [PETITIONER FULL NAME], declare under penalty of perjury under the laws of

Mississippi, pursuant to Miss. Code Ann. § 97-9-59, that the foregoing is true

and correct to the best of my knowledge, information, and belief.

Executed this ___ day of _____________, 20___.

______________________________

[PETITIONER SIGNATURE]

[PETITIONER FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

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FILING INSTRUCTIONS

Chancery Court of [County] County

Court: Chancery Court of [County] County, Mississippi

Address: [County Chancery Clerk's Office Address]

Filing Fee: Approximately $100-150 (varies by county)

Fee Waiver: Request "Pauper's Affidavit" from clerk

Required Documents:

1. Petition for Custody (this document)
2. Summons (issued by clerk)
3. UCCJEA Affidavit (required in custody cases)
4. Filing fee or Pauper's Affidavit

Service:

Under Miss. Code Ann. § 93-27-309, "the petition and order must be served,

by any method authorized by the law of this state, upon respondent and any

person who has physical custody of the child."

Service options:

• Sheriff's deputy (approximately $25-50)
• Private process server
• Certified mail with return receipt (if Respondent signs)

Parenting Classes:

Many Mississippi chancery courts require parents to complete a parenting

education class before final orders are entered. Check with your local

chancery clerk for approved providers.

Mediation:

Mississippi courts often order mediation in custody disputes. The court

will provide information about mediation services.

Major County Chancery Courts:

• Hinds County (Jackson): 407 East Pascagoula Street, Jackson, MS 39201
• Harrison County (Gulfport): 1801 23rd Avenue, Gulfport, MS 39501
• DeSoto County (Hernando): 2535 Highway 51 South, Hernando, MS 38632
• Rankin County (Brandon): 1001 Justice Avenue, Brandon, MS 39042
• Madison County (Canton): 128 W. Peace Street, Canton, MS 39046

Legal Aid Resources:

• Mississippi Center for Legal Services: 1-800-498-1804
• North Mississippi Rural Legal Services: 1-800-498-1804
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

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