Just one in a series of posts of some State Laws that are on the Books in Mississippi.
It is a crime to have a subsequent child out of wedlock in Mississippi.
MS Code § 97-29-11 provides that if a person, who previously become the natural parent of an illegitimate child …by coition within or without this state, shall again become the natural parent of an illegitimate child born within this state, he or she shall be guilty of a misdemeanor.
Upon conviction shall be punished by imprisonment in the county jail for not less than thirty (30) days nor more than ninety (90) days or by a fine of not more than Two Hundred Fifty Dollars ($250.00), or both.
A subsequent conviction shall be punishable by imprisonment in the county jail for not less than three (3) months nor more than six (6) months or by a fine of not more than Five Hundred Dollars ($500.00), or both.
**Provided, however, that for the purpose of this section, multiple births shall be construed to be the birth of one (1) child.
Matthew Thompson is a child custody attorney and recommends to not have multiple children out of wedlock.
Mississippi Law provides that you are entitled to your minor child’s records regardless of your Custody papers. This is regardless of the LEGAL CUSTODY and regardless of the PHYSICAL CUSTODY ORDER.
Miss. Code Ann., Sec. 93-5-26, guaranties non-custodial parent’s right to access to records and information pertaining to their minor child(ren).
“Notwithstanding any other provisions of law…access to records…pertaining to a minor child, including but not limited to medical, dental and school records, shall not be denied to a parent because the parent is not the child’s custodial parent if such parent’s rights have not been terminated by adoption or by termination of parental rights proceeding.”Id.
As a parent you have the right to this information by law. You can request medical records regarding your child’s health and appointments. You can get their school records, progress reports and grades. You are entitled to schedules, calendars and to know the events coming up.
Armed with this Statute and a smile, schools and doctor’s offices have no right to refuse you this information. But ask nicely. They are potential witnesses in the future!!
Matthew Thompson is a Child Custody Litigation & Child Welfare Attorney in Mississippi and wants parents to know their rights and fight for their right to…Parent!
Senate Bill 2484, seeking to create a presumption of joint custody died yesterday, March 12.
This Bill which passed the Senate initially, then amended in the House, passed and sent back was ultimately not voted on and died a calendar death on 3/12/25.
It sought to require Joint Physical Custody and equal parenting time in every custody case unless the Court found a compelling reason to not grant shared parenting.
It necessarily would have put the every other weekend schedule as “standard” as outdated…
It also sought to amend child support determinations in the event joint custody was granted.
But, alas, it’s for naught. The scuttlebutt was there was an upswell of concerns about how far this proposal really went and that judges and even some family law attorneys had concerns.
Regardless, there will be no significant changes in family law this session…
Matthew Thompson is a child custody and child welfare attorney in Mississippi.
A still-alive MS Bill seeks to tweak the Youth Court timeline when a child has been adjudicated neglected and abused for a permanency hearing.
The current law requires that the youth court shall conduct a permanency hearing within one hundred twenty (120) days or every sixty (60) days for children under three (3) years of age after the earlier of:
(i) An adjudication that the child has been abused or neglected; or
(ii) The date of the child’s removal from the allegedly abusive or neglectful custodian/parent.
The proposed changes requires;
the youth court shall conduct a permanency hearing within * * * three (3) months * * * after the earlier of the following and every three (3) months thereafter:
(i) An adjudication that the child has been abused or neglected; or (ii) The date of the child’s removal from the allegedly abusive or neglectful custodian/parent.
This change is not that significant and likely will not effect you.
Matthew Thompson is a child welfare attorney and noticed this when review pending legislation and needed a filler blog for the week of Spring Break.
A new bill in Mississippi will require Joint Physical Custody & EQUAL Parenting TIME, unless the Court finds a compelling reason not too…
Senate Bill 2484 requires that, “There shall be a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child. If the court grants joint custody and equally shared parenting time, the court shall construct a parenting time schedule which maximizes the time each parent has with the child and ensures the best interest of the child is met.“
(ii) The presumption created in subparagraph (i) of this paragraph shall be rebuttable by a preponderance of the evidence. A court that does not award joint custody with equally shared parenting time shall document the reasons for deviating from the presumption.
(b) To calculate child support for joint custody with equally shared parenting time, unless the court determines a deviation from this paragraph is in the best interest of the child, the court shall:
(i) Calculate a child-support award under the guidelines of Section 43-19-101 for each parent as if each parent was the obligor;
(ii) Calculate the difference in the two (2) awards by subtracting the lesser award from the larger award; and
(iii) Order the difference in the two (2) awards to be paid by the parent who has the higher adjusted gross income to the parent with the lower adjusted gross income.
(c) Upon petition of both parents, the court may grant legal and/or physical custody to one (1) parent without documenting a reason for deviation.
This is a potential monumental change in child custody law, primarily the requirement for equal parenting time. If signed into law this does away with the every other weekend visitation schedule…
Additionally, it drastically changes the child support landscape and can have “mom” paying “dad” dependent upon the math.
This made its way through the legislature with little fanfare and virtually zero input from practitioners and judges.
Matthew Thompson is child custody attorney and believes children do best with both parents as involved as possible.
Courts usually grant custody to one parent or the other and the non-custodial parent exercises his time at places and locations he sees fit…
However, sometimes the Court needs an unusual solution to an unusual problem.
Consider the Birds Nest custody arrangement.
In a birds nest, the children stay in the “nest” aka the marital home and mom and dad take turns coming and going from the home.
During mom’s time she has custody to the children and the home, to the exclusion of dad.
During dad’s time he has exclusive custody of the kids and home and mom is excluded.
This is a good solution when the child has a unique need and having that structure of home base is in their best interest.
It’s also a viable solution when use of the home is needed by a party for work as the “home office” or tools of the trade are kept on the property.
This is not an often used remedy as it requires potentially 3 temporary residences, but can be an effective tool in the tool belt of solutions in limited circumstances.
Matthew Thompson is a child custody attorney and recommends the birds nest in unique cases.