Ask Me Help Desk - Mississippi law on custodial parent moving out of state with child

I am currently living in Mississippi. Me and my current husband are wanting to move to Texas for better work and better schools for the children. I have joint legal custody with primary physical custody of my daughter with her father having visitation twice a month, a week on holidays and 1 full month a summer.
Does anyone know the laws in Mississippi for a custodial parent moving out state with child. I want to better my life financially and my children's lives educationally but I do not want to do anything to lose my whole world.
Any help or advice will be greatly appreciated.

You will need permission to move the children. Have you talked with the father to see how he feels about the move? Do you already have a job waiting for you in TX? If so, you will need to bring proof of that to the hearing. Your first step is to petition the court to allow the move and modify visitation if needed. I would recommend talking with the father (if you haven't already) the court is more likely to allow the move if he is also on board with the plan. Also, if granted be prepared to pay the extra costs associated with getting the child/ren to and from their father for his court ordered visitation times.

I was doing so research and from what I can find on the web says that Mississippi is one of the few states that do not have restrictions on a custodial parent moving out of state with the children... Was curious how accurate that was..

There is nothing in the divorce papers and custody papers regarding relocations except that if I were to move 60 miles or more away from here I would have to meet him halfway with his child. Which I am totally willing to do.

Here's what I've found- In Mississippi, there is no state statute that prohibits a parent with custody from moving out of town or out of state. The parent is required to notify the court of a change of address but does not need to get permission from the court or the other parent in order to move.

Am I reading this wrong? I'm totally reading that I can move if I want to.

I also found this
Mississippi:
Move to another state which effectively curtails non-custodial parent's visitation rights is not sufficient to warrant change in custody. Court must find an adverse effect on the child. Spain v. Holland, 483 So.2d 318, 321 (Miss. 1986).

I wonder if this is Current and correct? It's all I can find on it specific to Mississippi

Quote:

Originally Posted by Mammy04

...
There is nothing in the divorce papers and custody papers regarding relocations except that if I were to move 60 miles or more away from here I would have to meet him halfway with his child. Which I am totally willing to do.

...

I think you're missing the point.

You were given primary physical custody, with the father to have visitation twice a month. Do you really expect to drive from Texas half-way to Mississippi twice per month (or four times a month unless you intend to stay in Louisiana or wherever half way is while he exercises his visitation)? And do you expect him to drive there four times a month without objection? You have been ordered to abide by the visitation schedule. You cannot change it (by requiring him to drive significantly further) without the court's permission.

I suspect that the Spain v. Holland case can be distinguished, if it hasn't been overruled. But I don't have access to it so cannot say for sure.

Quote:

Originally Posted by Mammy04

Here's what I've found- In Mississippi, there is no state statute that prohibits a parent with custody from moving out of town or out of state. The parent is required to notify the court of a change of address but does not need to get permission from the court or the other parent in order to move.

Am I reading this wrong? I'm totally reading that I can move if I want to.

Quote:

Originally Posted by Mammy04

I also found this
Mississippi:
Move to another state which effectively curtails non-custodial parent's visitation rights is not sufficient to warrant change in custody. Court must find an adverse effect on the child. Spain v. Holland, 483 So.2d 318, 321 (Miss. 1986).

I wonder if this is Current and correct? It's all I can find on it specific to Mississippi

I don't think any state has a specific statute that says a parent can or cannot move out of state. What the law probably says is that a custodial parent cannot do anything that would interfere with a current court ordered visitation. Your visitation order states that he has 2x a month visitation, you don't say for how long, but I assume this is for weekends. I seriously doubt that moving from MS to TX would allow him to maintain the same visitation. Therefore, if you make this move without court approval, you will be in contempt of court.

In this case: BELL v. BELL | Leagle.com It was held:
On August 22, 1988, the Court entered a decree maintaining in effect the joint legal custody of the children,see Miss. Code Ann. § 93-5-24 (Supp. 1988), but modifying physical custody so that then thirteen-year-old Ray would live with his father —

So the court modified the custody order, at least, partially, because the mother moved without court permission.

The case that you cited, seems to only state, that contempt of court is not, by itself, sufficient reason to modify custody. The later case I cited, DID modify custody so there is precedent for doing so.

Bottom line here, is you need to go to court and petition the court to allow the move. Just picking up an moving will mean you are in contempt of court. How rough the court would be in that case, I don't know, but courts traditional don't like it when people just ignore court orders. You may have to offer some concessions in visitation. Obviously 2x monthly will not work. So maybe more holidays and a longer period during the summer. You will also have to prove to the court that this move will benefit the children.

I really appreciate all the advice I am receiving here... I clicked on the Bell vs Bell link above and I noticed that it is specified in their original divorce agreement that the children stay in the tupelo area... But she moved anyway. My divorce and custody papers don't say anything about where the children should live or that they should remain in the city we're in now...

I would meet half way... I in no way want to keep my children from their father... He wouldn't like me to move that far away but, I'd even be willing to bring the children all the way here twice a month and staying with my parents while he practiced his right to visitation..
I know how very important their father is and how important it be that he remains steady in their lives..
I wouldn't even consider moving if it weren't for the possibility of better jobs and the better schools they have there.
Nothing is more important to than my children and what's best for them.
Again thank you for all the help I've gotten so far.

I'm adding more information to give you a more detailed description to my own unique case. Not because I am doubting any advice that's been offered to me.***

Again the bottom line here is you need to get court approval. The court may grant you approval. The father may not object, you may be able to work out a compromise on visitation schedule. I can't tell. All I can tell you is I would not risk moving without getting court approval. I think you will get it, probably with some compromise on visitation. But I just wouldn't risk keeping the court out of the loop.

Quote:

Originally Posted by Mammy04

...I would meet half way...

That still probably requires a lot of extra driving on his part. How far apart are you now? Is the distance between his current home and your proposed new location in Texas much greater than that distance? Because, if it is, your children's' father would have cause to object. Also, the increased travel time arguably wouldn't be beneficial to the children.

As has been written earlier in this thread, it would be good all around if you can reach an agreement with your ex on this, and then get the court to approve it.

Again thank you... I will contact a lawyer here and see about getting that done... My ex husband is very hard to get along with.. I know he will do everything in his power to stop me.

While it wasn't Mississippi, I did know a woman in New York that had primary custody of her three children... she was divorced... and tried to move to Maryland without getting court approval.

The ex took her to court and she had two choices... move back to upstate New York or give up primary custody of the children to the ex. Those were the only options the court gave her in that case. She moved back...

Just an example of if he wants to be difficult...what might happen.

If you go to court and make a good case that the children will benefit, I think the MS courts will go along. I think they will order you and the father to work out a compromise on visitation. But if you don't go through the courts, you will be giving him ammunition to use against you. And you may very well be given a choice like smoothy mentioned.

Quote:

Originally Posted by Mammy04

Again thank you... I will contact a lawyer here and see about getting that done... My ex husband is very hard to get along with.. I know he will do everything in his power to stop me.

If you do move you will be responsible for all the costs involved for visitation. Not just half way. Also anytime he decides to go to court over a custody or whatever issue involving the children it will be in Miss and not Tex. If he doesnt agree to the move and you have no standing of proof then the courts may not allow it to happen.

Mississippi Divorce Source: Child Relocation in Mississippi

In today's mobile society, relocation is a reality. However in Mississippi, there is nothing you can do to prevent your former spouse from relocating with your children if you do not have custody. Also, moving, even a long distance away, has not been held as a reason to change custody from one parent to the other. It certainly will mandate that you and your ex-spouse take another look at your visitation schedule, but it will not automatically change custody nor will it be an automatic reason that the Chancellor would change custody. If you move, you must notify the Clerk of the Chancery Court and your spouse within five days of your relocation. If the current visitation schedule becomes unworkable because of relocation, the Judge will certainly modify it if you and your ex-spouse cannot agree to a change. Also, if transportation for visitation is not addressed in the divorce decree, it is likely that the party creating the increased burden will be responsible for the associated increase in expenses.One way to deal with a geographic separation from your children is to have increased time during the holidays and the children's spring and summer vacations. If you have joint physical custody, the court will have to reweigh the Albright factors discussed above before making a new custody determination.

So this is looking good for you. Clearly, MS law favors not changing custody, even with a significant change in circumstances. So there is a strong probability you will be allowed to move after making concessions to the visitation schedule as I said. All the more reason to go through the courts and get it done right.