Mississippi Divorce With Children — Custody and Child Support (2026)

When minor children are involved, the Chancery Court judge scrutinizes all child-related provisions of the Property Settlement Agreement.

Mississippi Custody Framework

Legal Custody

• Joint legal custody: Both parents share major decisions about education, healthcare, religion — available by agreement or court order
• Sole legal custody: One parent has authority — ordered when the other parent is unfit or cooperation is impossible

Physical Custody

• Primary physical custody: Child primarily lives with one parent; other has visitation
• Joint physical custody: Substantial time with each parent; can affect child support calculation

The Albright Factors — Best Interest of the Child

Mississippi courts use the Albright v. Albright (1983) factors for custody determinations:

1. Age, health, and sex of the child
2. Continuity of care (which parent has been primary caregiver)
3. Which parent has best parenting skills and willingness to provide primary care
4. Employment of the parents and their responsibilities
5. Physical and mental health and age of each parent
6. Emotional ties of parent and child
7. Moral fitness of parents
8. Home environment and school situation
9. Preference of child (if of sufficient age)
10. Stability of home environment and employment

Note: Mississippi historically considered the sex and age of the child (tender years doctrine) more than many states, though modern courts apply all factors with less emphasis on gender.

Parenting Plan — Required in PSA

The PSA must include a complete Parenting Plan:

• Legal custody designation
• Physical custody and primary home
• Detailed parenting time schedule (school year, summers, alternating weeks or weekends)
• Holiday schedule (Thanksgiving, Christmas, spring break, birthdays)
• Transportation and exchange logistics
• Healthcare decision-making and information sharing
• School and extracurricular information sharing
• Relocation provisions
• Dispute resolution method

Mississippi Child Support Guidelines — Percentage of Income

Mississippi uses a percentage of income model applied to the non-custodial (payor) parent's adjusted gross income (Miss. Code Ann. § 43-19-101):

Adjusted gross income = gross income minus: federal and state income taxes, Social Security, Medicare, court-ordered support for other children.

Duration: Mississippi child support continues until the child turns 21 — one of the longest durations in the country. Verify current statute for any recent changes.

Deviations: Courts may deviate when strict application is unjust — extraordinary medical expenses, educational costs, substantial shared custody time.

Income Withholding Order

Mississippi courts routinely enter Income Withholding Orders directing the payor's employer to deduct support from paychecks. Pay through Mississippi's State Disbursement Unit to maintain a clear payment record.

Last reviewed: March 2026 | Albright factors | PSA must include complete Parenting Plan | 14–26% of non-custodial parent's adjusted gross income | Support ends at 21 | Income Withholding Order | Chancery Court reviews all child provisions | mslegalservices.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.