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.
An award of joint physical and legal custody obligates the parties to exchange information concerning the health, education and welfare of the minor child, and unless allocated, apportioned or decreed, the parents or parties shall confer with one another in the exercise of decision-making rights, responsibilities and authority.
1. Whether the perpetrator of family violence has demonstrated that giving sole or joint physical or legal custody of a child to the perpetrator is in the best interest of the child because of the other parent's absence, mental illness, substance abuse or such other circumstances which affect the best interest of the child or children;
2. Whether the perpetrator has successfully completed a batterer's treatment program;
3. Whether the perpetrator has successfully completed a program of alcohol or drug abuse counseling if the court determines that counseling is appropriate;
4. Whether the perpetrator has successfully completed a parenting class if the court determines the class to be appropriate;
5. If the perpetrator is on probation or parole, whether he or she is restrained by a protective order granted after a hearing, and whether he or she has complied with its terms and conditions; and
6. Whether the perpetrator of domestic violence has committed any further acts of domestic violence.
1. Order an exchange of the child to occur in a protected setting;
2. Order visitation supervised in a manner to be determined by the court;
3. Order the perpetrator of domestic or family violence to attend and complete to the satisfaction of the court a program of intervention for perpetrators or other designated counseling as a condition of visitation;
4. Order the perpetrator of domestic or family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for twenty-four (24) hours preceding the visitation;
5. Order the perpetrator of domestic or family violence to pay a fee to defray the cost of supervised visitation;
6. Prohibit overnight visitation;
7. Require a bond from the perpetrator of domestic or family violence for the return and safety of the child; or
8. Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family or domestic violence, or other family or household member.
Structure Mississippi Code
Chapter 5 - Divorce and Alimony
§ 93-5-3. Not mandatory to deny divorce because of recrimination
§ 93-5-5. Residence requirements for divorce
§ 93-5-7. Conduct of divorce proceedings
§ 93-5-9. Minors as parties to divorce proceedings
§ 93-5-11. Filing of complaints; transfer of venue
§ 93-5-15. Guardian for spouse who becomes mentally ill may sue for divorce
§ 93-5-19. Witnesses; depositions
§ 93-5-21. Exclusion of spectators from courtroom
§ 93-5-23. Custody of children; alimony; effect of military duty on custody and visitation
§ 93-5-25. Effect of judgment of divorce
§ 93-5-27. Marital rights cease with judgment of divorce
§ 93-5-29. Divorced persons not to cohabit