Mississippi Child Custody Petition — Your Filing Guide

What This Document Does

This is a Petition for Custody that you file with the Chancery Court to ask a judge to establish or change custody of your children. It tells the court who the parents are, describes your children, explains why you're asking for custody, and proposes a schedule for when each parent will have the children.

When to Use This

• You are unmarried and need to establish custody for the first time
• You are divorcing and need the court to decide custody
• You want to modify (change) an existing custody order
• The other parent is not following the current custody order

Before You File

Gather these items:

• [ ] Children's birth certificates
• [ ] Children's Social Security numbers
• [ ] Your marriage certificate (if married to the other parent)
• [ ] Any existing court orders about custody, divorce, or child support
• [ ] Proof of your income (pay stubs for last 3 months, tax returns, or benefits letters)
• [ ] Information about the other parent's income (if known)
• [ ] Proof of Mississippi residency (driver's license, utility bill)
• [ ] $100-150 filing fee or Pauper's Affidavit request

Step-by-Step Filing

1. Complete the Petition. Fill in every blank. Be honest and specific.

1. Complete the UCCJEA Affidavit. This form tells the court where your child has lived for the past 5 years. Required in all custody cases.

1. Make 3 copies. Keep one for yourself. File the original and two copies.

1. Go to the Chancery Court in your county. In Mississippi, custody cases are filed in Chancery Court, not Circuit Court. Go to the Chancery Clerk's office.

1. Pay the filing fee.

• If you can't afford the fee: Ask the clerk for a "Pauper's Affidavit." You will list your income and expenses. If approved, you can file for free.

1. Get the Summons. The clerk will give you a Summons to have served on the other parent.

1. Serve the other parent. The other parent must receive copies of the Petition and Summons. Options:

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

1. Attend mediation (if required). Most Mississippi courts require parents to try mediation before a trial.

1. Attend your court hearing. The court will schedule a hearing. You must attend.

Mississippi Custody Basics

Types of Custody:

• Legal Custody: The right to make major decisions about your child's life (education, medical care, religion)
• Sole legal custody: One parent makes all decisions
• Joint legal custody: Both parents share decision-making

• Physical Custody: Where the child lives
• Sole physical custody: Child lives primarily with one parent
• Shared physical custody: Child spends substantial time with both parents

Best Interest Factors:

Mississippi courts decide custody based on the "best interest of the child." Under Miss. Code Ann. § 93-5-24, courts consider:

1. Each parent's fitness to care for the child
2. Who has been the primary caregiver
3. The stability of each parent's home
4. The child's adjustment to school and community
5. The child's preference (if old enough)
6. The distance between parents' homes
7. Each parent's ability to co-parent
8. Any history of abuse or neglect

At Your Hearing

Bring:

• Your filed Petition
• Children's birth certificates
• Any existing court orders
• Proof of income for both parents
• Evidence supporting your case (photos, school records, medical records)
• Witness list (if you have witnesses)

Say:

• "Your Honor, I am [YOUR NAME]. I filed a Petition for Custody on [DATE]."
• "I am asking the court to [describe what you want]."
• "The proposed arrangement is in my child's best interest because [explain]."
• Be respectful. Do not interrupt the judge or the other parent.

Parenting Classes

Many Mississippi counties require both parents to complete a parenting education class before final custody orders are entered. These classes teach:

• How custody disputes affect children
• How to communicate with the other parent
• Co-parenting skills

Ask the Chancery Clerk for a list of approved providers. Classes typically cost $30-50 and take about 4-6 hours.

Mediation

Mississippi courts often require parents to attend mediation before a trial. In mediation:

• A neutral third party helps you and the other parent try to reach an agreement
• Mediation is confidential
• If you reach an agreement, it becomes part of the court order
• If you don't agree, the case goes to trial

Legal Aid Resources

If you need free legal help:

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

Disclaimer

This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.

Not a law firm. Not your attorney. No attorney-client relationship exists.