Visitation

In Mississippi, if one parent is awarded primary physical custody of the kids the noncustodial parent is entitled to substantial and unrestricted visitation with them - including overnight visits, holidays, and extended visits in the summer when the kids are out of school. The noncustodial parent has decision making authority when the kids are visiting.

The "standard" visitation schedule has the kids with the noncustodial parent every-other weekend, alternating holidays, and for five weeks in the summer. Because visitation should be unrestricted and substantial in all but unusual circumstances, Mississippi courts have been quick to reverse visitation orders that gave the noncustodial parent less visitation than the standard. For example, visitation orders providing for less than two weekends per month, no summer visitation, or only a week of summer visitation have all been reversed.

Of course if the circumstances of the parties make the standard visitation unduly difficult or impossible, alternative visitation arrangements can be made. In such situations, visits that are less frequent, but longer in duration, may be more appropriate than the standard, every-other weekend, schedule. Unusual work schedules or distance may dictate such an alternative visitation schedule. For example, if a custodial mother lived in Southaven and the noncustodial father lived in Biloxi, an alternative visitation arrangement that  provided for the kids to be with the father for additional weeks in the summer and alternating holidays would likely make more sense than the standard visitation schedule.

Liberal visitation is the right of the noncustodial parent and restrictions on visitation should only be considered if the visitation is harmful to child. Abusive behavior, abuse of drugs or alcohol, and mental illness are all circumstances that could lead to restrictions on visitation. Visitation schedules can be altered if the current arrangement is not working.

Jonathan T. Day, Esq. is a Divorce & Family Law attorney serving the Jackson, MS metro-area. You can reach him at (601)-707-8953 or jtd@jonathantday.com.