In Mississippi, grandparents can sometimes seek custody of their grandchildren, but it’s not guaranteed. If you are a grandparent worried about your grandchild’s safety or well-being, it’s important to know when and how you might be able to ask for custody.
When can grandparents seek custody?
Grandparents in Mississippi can ask for custody of grandchildren if the parents are unable to care for the child. This might happen if the parents are struggling with problems like drug addiction, neglect, or if they have abandoned the child. To get custody, grandparents must show the court that the parents are not fit to take care of the child, or that it’s in the child’s best interest to live with the grandparent instead of the parents.
In some cases, grandparents may also be able to seek custody if the child has been living with them for a while, such as when the parents are divorced or separated.
What does the court look at?
Although the state’s codes primarily address grandparents’ visitation rights, Mississippi courts always put the child’s best interests first. When deciding who should have custody, the judge looks at several things, including the child’s emotional needs, the stability of the home, and the relationship between the child and the grandparent. The court also considers whether the grandparent can provide a safe and caring home for the child.
How do grandparents seek custody?
To seek custody, grandparents must file a petition with the court. This petition explains why the parents cannot care for the child and why the grandparent should be the one to take over custody. The court may ask for proof that the parents are unfit and may have social services look into the situation.
While grandparents in Mississippi can seek custody, it’s a complicated process. If you are a grandparent thinking about this, professional legal counsel can help you understand your rights and guide you through the process.
