Child Custody Preference Age in Mississippi
In Mississippi the chancellor may consider the preference of a child 12 or older when both parents are fit, but is not bound by it and must explain on the record why the child's wishes were or were not honored.
Last checked . General information, not legal advice.
Mississippi at a glance
- Age named in statute
- 12 (may be considered)
- Applies when the court finds both parents fit and either able to provide for the child.
- How the preference is weighed
- May be considered at 12; reasons on record
- The chancellor must explain in detail why the child's wishes were or were not honored.
- Preference can be decisive
- No, the court decides
The rules in Mississippi
At what age does a child's custody preference count in Mississippi?
Age named in statute in Mississippi: 12 (may be considered). Applies when the court finds both parents fit and either able to provide for the child.
How do courts in Mississippi weigh a child's custody preference?
How the preference is weighed in Mississippi: May be considered at 12; reasons on record. The chancellor must explain in detail why the child's wishes were or were not honored.
Can a child's preference decide custody in Mississippi?
No, the court decides. Preference can be decisive in Mississippi: no, the court decides.
Where do the Mississippi child custody preference laws come from?
The rules above come from Miss. Code Ann. 93-11-65(1)(a). Each source is linked on this page. We last checked them in October 2026.
What this means in practice
A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.
Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.
Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
Compare with neighboring states
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