Gulfport Family Law Blog

For Mississippi professionals, such as engineers, dentists, physicians, architects and small business owners, a divorce can have a serious impact on their careers and businesses. Protecting a business and a career can be of paramount consideration. Children are often an even bigger consideration than a career, and many people wish to protect their assets as well in a divorce.

A few months ago, we discussed the various grounds for divorce in Mississippi. The grounds for divorce here in the Magnolia State are different from those of most other states. If the parties to a divorce do not agree on all of the important details of how the marriage dissolution should play out, the party filing the divorce must cite a ground - other than irreconcilable differences - for the divorce. These grounds include desertion, adultery, cruel and inhuman treatment, incarceration, mental illness, addiction issues and intellectual disability. The spouse who initiates the divorce may need to provide clear and convincing evidence of the negative impact of the problem on the marriage.

Grandparents play an important role in the lives of children across Mississippi. The relationship they have with their grandchildren is an integral one in many kids' lives, as they provide advice, guidance, love and stability that a child cherishes. When the parents of the children divorce, it can end up impacting their relationship and leave a large hole in the lives of kids already struggling emotionally to come to terms with the end of their parents' marriage.

In Mississippi, grandparents have the right to petition the court for reasonable visitation with their grandchildren, before or after a divorce has taken place. The burden of proof in this instance falls on the grandparents.

When a Mississippi couple with children divorces or separates, one of the parents often will pay child support to the other. In setting the amount to be paid, the court will take into account each parent's income, as well as the financial needs of the children. Once this amount is set, the paying spouse is to make payments to the recipient spouse for as long as legally necessary.

But, what happens if life events intervene and the amount paid is no longer feasible? For example, what if the paying spouse loses their job or experiences a reduction in income? What happens if their income increases and they could pay more? What if the recipient spouse has a change in income that changes the amount of child support they arguably need? What if the needs of the children change?

No two families have the exact same circumstances, so it's not surprising that no two child custody disputes have the exact same issues. Differing work and school schedules, different geographical locations and different religious practices all can be issues for families trying to come to a child custody agreement.

Last week we told you about a family facing some steep but not unique challenges in their child custody dispute. The mother, who was incarcerated, requested that the family law court order the father to bring their children to the prison for visitation. The father opposed granting the order. Looking at the totality of the circumstances, the judge ruled that the father was not required to bring the children in for visitation, but encouraged the father to permit the children to maintain contact with their mother.