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If you and your partner or spouse have separated, one of the most important questions is who will have custody of your children. Custody is often divided into two categories – physical and legal custody – each involving different rights and obligations. It’s essential that you understand the differences between these two forms of custody as you begin determining a custody arrangement for your family. The legal team at Derek L. Hall, PC is here to help.

For over 25 years, attorney Derek Hall has advocated for clients in Jackson and throughout Mississippi. Our team understands how custody disputes affect an entire family, which is why we are committed to handling each case we take with compassion and care. When you choose our firm, you can expect a close working relationship with your attorney, prompt communication, and straightforward legal advice.

To learn more about legal custody vs. physical custody, contact our office for a free initial consultation with a family law attorney in Jackson, MS.

What Is Legal Custody?

A parent with legal custody of a child has the right to make significant decisions regarding the child’s upbringing, such as their education, health care, extracurricular activities, and religious or moral instruction. A parent can have legal custody of their child even if they do not live with them.

What Is Physical Custody?

A parent who has physical custody of a child has a right to have the child live with them. A parent with physical custody can make decisions regarding the child’s day-to-day life, such as mealtimes and playdates. Physical custody is not the same as visitation rights, which a court may award to the parent who does not have physical custody of the child — known as the non-custodial parent.

Joint Physical and Legal Custody

Courts often prefer for parents to have joint legal and physical custody so that children can have fulfilling relationships with both of their parents. In a joint physical custody arrangement, the child will live with both parents, often splitting their time evenly between the two households depending on the distance between the homes, their school schedule, and the parents’ work obligations. Sometimes, a child will reside with one parent most of the time and visit their other parent on weekends or during school vacations. No matter how time is split in a joint physical custody arrangement, the home where the child spends the most time may be deemed the primary residence for tax purposes or to determine where the child can attend school.

In a joint legal custody arrangement, both parents must agree on parenting decisions that affect a child’s life, such as where the child will go to school, which church they will attend, and other choices that impact the child’s quality of life. A parent can have legal custody even if they do not have physical custody.

Sole Legal and Physical Custody

When a parent has sole physical custody, their child resides only with them and not with the other parent. While the parent who does not have physical custody may be allowed to visit the child, they cannot take the child anywhere without the knowledge and consent of the parent with sole physical custody.

A parent with sole legal custody has the right to make significant decisions affecting the child without the other parent’s consent. However, the other parent may have the right to be notified about decisions and to provide input, even if the parent with sole legal custody ultimately gets to make the decisions regarding the child’s upbringing.

How Is Child Custody Determined in Mississippi?

When a court decides a child custody arrangement for a family, the court’s primary concern is ensuring that an agreement serves the child’s best interest. Making this determination requires evaluating multiple factors related to the family’s circumstances, including:

The child’s age and health
Each parent’s parenting skills
Which parent provided care before and during the separation
The stability of each parent’s home environment
The emotional ties the child has to each parent
The child’s educational and extracurricular or social needs
Each parent’s moral fitness
Each parent’s employment responsibilities and their ability to provide childcare
The physical and mental health of each parent
Whether a parent has attempted to interfere in their child’s relationship with their other parent
Whether a parent has a history of domestic violence
The preference of the child, if the child is mature enough to express a preference

Courts prefer to award joint custody when possible, as custody determinations operate under a presumption that both parents are equally entitled to custody. While some courts previously preferred to award custody to mothers in most cases, this is no longer common practice. Most courts will consider the child’s best interest above all else when making a determination.

How a Child Custody Attorney Can Help

Determining child custody can be complicated, particularly when co-parents do not get along. Fortunately, you don’t have to navigate the legal process alone. An experienced child custody attorney with Derek L. Hall, PC can help you get a favorable custody arrangement for you and your children by:

Listening to your concerns and explaining your rights and legal options
Investigating the circumstances of your case to gather helpful evidence that can be used during custody negotiations
Aggressively advocating on your behalf in court for a custody determination that fosters your relationship with your child
Filing motions and handling other necessary paperwork to enforce your rights under the custody agreement or order
Modifying the arrangement if your family experiences changed circumstances

Contact the Child Custody Lawyers in Jackson, MS at Derek L. Hall, PC for Help

If you need help with custody issues, reach out to the legal team at Derek L. Hall, PC. Our attorneys can listen to your concerns and advocate on your behalf for a custody arrangement that works for your family. Contact our firm for a free consultation with a family law attorney to learn more about your legal rights.

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Dividing assets in a divorce can be a challenging and often-contentious process. You and your spouse may not always see eye-to-eye, causing stress and confusion during an already emotionally charged time. One of the most common questions we get at Derek L. Hall, PC is whether Mississippi is a community property state. In a community property state, spouses getting a divorce must generally split assets acquired during the marriage down the middle.

While divorce laws vary by state, there are only a handful of community property states in the U.S. And Mississippi is not one of them. So how are assets and property divided in the Magnolia State?

What Is an Equitable Distribution State?

If Mississippi is not a community property state, then how is property divided here? Technically, Mississippi is an equitable distribution state. The word “equitable” can be confusing, though. In terms of a divorce, equitable does not always mean splitting assets down the middle 50/50.

An equitable division of property means splitting assets in a way that is fair to both parties. For example, if one partner contributed more to the marital assets, they may be entitled to a larger share of those assets. Or if one spouse had to give up their education or career to care for children, they may need more financial security.

How Does Property Distribution Work in Mississippi?

When a divorced couple cannot agree on how assets or property should be divided, the court must intervene. A Mississippi court will generally begin by placing a monetary value on all assets and property. From there, the court will review each partner’s contribution to the marriage and begin dividing assets based on their view of what is fair to each spouse.

Courts will consider various factors to arrive at an equitable split between partners, including the following:

Each spouse’s contribution to the marriage
The market and emotional value of all assets and property
The value of the couple’s debts
Each spouse’s overall financial need
Tax and economic consequences of property division
Each spouse’s income level
Length of the marriage
What assets each spouse brought to the marriage

Property owned by a spouse before marriage or assets from an inheritance or gift can generally remain in control of that spouse if it was separate from the shared marital assets.

Contact the Family Lawyers at Derek L. Hall, PC to Handle Your Property Distribution Case

Unfortunately, what seems fair to your former spouse might not always seem fair to you. If you are considering divorce or have been served with papers, talk to an experienced Mississippi family law attorney about your situation as soon as possible.

At Derek L. Hall, PC, we can review your situation and help you protect what matters to you. For a confidential case review, contact our office today.

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