• About Us
  • Professionals
  • Practice Areas
  • Why Hire Us?
  • Contact

Child Custody Issues Involving Nonparents

While most child custody cases arise in a divorce between parents, many other cases involve a nonparent’s right to custody over a minor child. Nonparental custody can occur where the parents are unfit to have custody or when a third party has had custody for a long time. This article explains the legal issues that are associated with nonparental custody rights in Mississippi.

Who Are Nonparents?

A nonparent is a third party who isn’t a biological or natural parent of the child in question. However, the law presumes that the child’s natural parents should have custody over their own children. A parent has a constitutional right to raise their children. Courts will not interfere with a parent’s constitutional rights absent extraordinary circumstances. Thus, a nonparent may have permanent custody over a minor child if the child’s parents passed away, or if their living parents no longer have the right to have permanent custody.

The following third parties are typical examples of nonparents who seek child custody:

  • Grandparents
  • Stepparents
  • Adoptive parents
  • Aunts and uncles

Grounds for Terminating Parental Rights

Nonparents must demonstrate with clear and convincing evidence that the child’s parents are unfit to care for their child.

Section 93-15-121 of the Mississippi code lists the following as grounds for terminating parental rights:

  • Mental disorder rendering the parent unable or unwilling to provide the child with an adequate home;
  • Disabling physical condition that prevents the parent from caring for the child;
  • Habitual drug abuse and addiction;
  • Unwillingness to provide the child with food, clothing, shelter, and medical care;
  • Failure to visit or communicate with the child;
  • Abusive or neglectful behavior that causes the child to have extreme antipathy toward the parent;
  • Conviction of sex crimes, physical abuse, exploitation, or human trafficking.

Contact a Dedicated Family Law Attorney in Jackson

If you are involved in a contest regarding custody over a minor child – whether you are a parent or nonparent – you should consult the services of an aggressive family law attorney in Jackson with experience in child custody cases. At the Grant Legal Group PA, we committed years of our practice representing the rights of families in Jackson. You can count on us to zealously advocate for you and your family’s best interests in court proceedings, negotiations, and mediations.

Call the Grant Legal Group PA at (601) 827-3031 or schedule a free consultation online today.

Related Posts
  • Cost of Prenuptial Agreements in Mississippi 
  • How Much Does It Cost to Set Up a Conservatorship in Mississippi? 
  • How Much Does It Cost to Set Up a Guardianship in Mississippi? 
  • How Much Does an Uncontested Divorce Cost in Mississippi? 
  • Registration of International Adoptions in Mississippi
  • Foster Care Adoption in Mississippi
  • MISSISSIPPI ADOPTION LAWS AND REQUIREMENTS 
  • How Much Does an Adoption Lawyer Cost in Mississippi?
  • How Much Does Probate Cost in Mississippi?
  • How Much Does a Will Cost in Mississippi?
  • All About Appellate Mediation in Mississippi 
  • How Long Does an Appeal Take in Mississippi?
  • How Long Does an Adoption Take in Mississippi?
  • What Happens If I Win My Appeal?
  • Do I Need an Adoption Lawyer or Can I Handle It Myself?  
  • Post-Conviction Relief Appeals in Mississippi 
  • Process to Appeal from a Summary Judgment in Mississippi 
  • Appeal Your Mississippi Criminal Conviction
  • Workers’ Compensation Appeals in Mississippi
  • Personal Injury Appeals and Medical Malpractice Appeals in Mississippi
Our Reviews

“John was very professional throughout the entire process and made heartfelt recommendations along the way.”

“No doubt that he is one of the best attorneys Mississippi can take pride in.”

“I am glad I found John Grant to help me through a difficult time. ”

“His litigation style saves his client's money and gets them good results.”

Stephen

“John was very detail oriented and took the time to review and include any and all information to bring us to success!”

“We hired John Grant as our attorney to have my daughter adopted by her step dad! The process was kept simple for my family and myself! ”

Kayla

“John handled my family's adoption and he did a great job! He was very attentive to detail and made sure everything was lined up for adoption day. ”

Lindsey

“John Grant was beyond patient and understanding of my situation. I would gladly recommend him and this firm to others.”

JoAnna
More Testimonials

Contact Our Firm Today

(601) 827-3031
Let Our Experienced Attorneys Help Today
  • Describe Your Legal Matter

© COPYRIGHT SINCE 2022 | DISCLAIMER | PRIVACY POLICY Design & Marketing by Nuzu