Perry Law Firm, LLCPerry Law Firm, LLC2026-06-02T17:58:26Zhttps://www.perrylawfirmllcms.com/feed/atom/WordPress/wp-content/uploads/sites/1602643/2021/06/cropped-perrylaw-site-icon-32x32.pngOn Behalf of Perry Law Firm, LLC<![CDATA[Factors considered in Mississippi custody cases]]>https://www.perrylawfirmllcms.com/?p=473392026-06-02T17:58:26Z2026-06-02T17:58:26ZParents who are going through a divorce will have to determine how to handle the parenting plan. This isn’t always easy, particularly if the parents have conflicting ideas about what’s best. It may be beneficial for parents in this situation to learn about what factors Mississippi considers when making decisions relating to child custody.
The only priority of the court is to do what’s in the best interest of the child. This means that the court doesn’t consider personal preference, but considers matters related to the child’s safety, stability and well-being. Because of this, courts will heavily consider any issues related to abuse or neglect, but other considerations are also present.
Types of custody
Anyone dealing with a child custody case should understand that Mississippi child custody cases have to do with physical and legal custody. Physical custody has to do with where the child lives. Legal custody dictates who makes which decisions for the child. In Mississippi, physical and legal custody can be awarded in a variety of ways, including joint custody options for primary custody being awarded to one parent.
Considerations of the court
Mississippi courts consider a variety of factors when determining how to set up child custody arrangements. Many of these factors have to do with daily life, such as each parent’s caregiving role and each parent’s ability to provide consistent care for the child. Other factors that are considered include work schedules, community ties and the relationship between the parent and the child. Additionally, the court will usually consider how each parent will support the child’s relationship with the other parent. Child custody cases are highly personalized. It may be beneficial for parents who are going through this situation to have someone on their side who can assist with moving through the process.
]]>On Behalf of Perry Law Firm, LLC<![CDATA[Can family members’ behavior hurt your custody case?]]>https://www.perrylawfirmllcms.com/?p=473382026-05-20T15:15:45Z2026-05-20T15:15:45ZHow family members can create custody concerns
Custody disputes do not always involve just the parents. In many families, grandparents, relatives or others in the household may play a major role in a child’s daily life. That involvement can become a concern when it starts affecting the child’s relationship with a parent or creates instability at home. Some examples of behavior that may raise concerns include:
Speaking negatively about the other parent in front of the child
Interfering with visitation or parenting exchanges
Refusing to return the child after a visit
Creating unsafe conditions in the home
Encouraging the child to reject the other parent
Not every family conflict will affect custody. Courts will usually look at whether the behavior is affecting your child’s well-being or creating problems that go beyond a family disagreement.
Courts focus on the child’s best interests
Mississippi courts decide custody cases based on what will serve the child’s best interests. A judge may look at the child’s emotional well-being, stability and overall home environment when deciding what custody arrangement makes sense.
That means the court will usually focus less on personal family conflict and more on whether those issues are affecting your child’s safety, daily life or relationship with a parent.
Support and interference are not the same thing
Family support can be a real benefit during a divorce or custody dispute. A grandparent may help with childcare, a relative may provide stability in the home or family members may step in during stressful times. That kind of involvement can help create consistency and support for a child during a difficult period.
Problems can arise when family involvement starts crossing into interference. A relative who undermines parenting decisions, creates conflict during visitation or contributes to an unhealthy home environment may create issues that affect the larger custody picture.
When family conflict becomes part of a custody case
A custody case is not just about disagreements between parents in isolation. Courts may also look at the environment surrounding your child, including the role other people play in creating stability or conflict at home.
If family involvement starts affecting parenting time, communication or your child’s well-being, those issues may become part of the broader picture a court reviews when deciding what arrangement serves the child’s best interests.
]]>On Behalf of Perry Law Firm, LLC<![CDATA[Digital assets and property division in Mississippi]]>https://www.perrylawfirmllcms.com/?p=473372026-05-20T14:26:23Z2026-05-20T14:26:23ZDigital income and online property have become a major part of modern marriages. Many people now earn money through freelancing, social media, online businesses, cryptocurrency or remote work. During a divorce in Mississippi, you may wonder whether those digital assets count as marital property.
In The Magnolia State, marital property generally includes assets gained during the marriage, regardless of whose name is attached to them. This can include online income, digital accounts, virtual businesses, NFTs, cryptocurrency holdings and even websites that generate revenue. If an online business grew while you were married, a court may view part of its value as shared property.
Could your online earnings be split?
Mississippi courts look at when and how the asset was created. If you started a YouTube channel, online store or remote consulting business during the marriage, the profits and growth may be considered part of the marital estate. The same can apply to digital wallets, online investment accounts, affiliate marketing income and monetized content platforms. Things can become more complicated when one spouse claims the account was personal or started before the marriage. In those situations, courts may examine financial records, account activity, tax returns and contributions made by both spouses. Even if only one person managed the account, the other spouse may still argue that marital time, money or support helped increase its value.Hidden digital income can create conflict during divorce proceedings. Some people attempt to move money through online payment apps or cryptocurrency exchanges. Courts take financial disclosure seriously, and missing information may affect the outcome of property division. As online work continues to grow, divorce cases involving digital property are becoming more common. If your marriage includes online income or virtual assets, you can benefit from consulting with a legal practitioner familiar with property division issues so you can better understand what could be considered part of the marital estate. ]]>On Behalf of Perry Law Firm, LLC<![CDATA[How can divorcing couples handle pet custody in Mississippi?]]>https://www.perrylawfirmllcms.com/?p=473352026-05-02T12:04:08Z2026-05-02T12:04:08ZThe courts don't address shared pet custody
Mississippi does not treat pets like people. Regardless of how attached people are to their companion animals, a judge cannot establish a shared custody order as they might for children.
Instead, they treat the pet like property. They assign a fair market value to the pet and then factor that amount into the other property division matters they address.
Couples can potentially reach their own arrangement for sharing pet custody, but enforcing that arrangement in family court likely isn't possible. Additionally, the strain that such arrangements create for a pet can be a serious concern. Dogs may travel well, but cats and other pets may find constant moves confusing, prompting problematic behavior.
The need to share pet custody, especially if spouses do not have minor children, can create opportunities for conflict and stress in a situation that could otherwise offer a clean break. People preparing for divorce and concerned about their pets may need to consider the situation carefully to realistically assess whether they can meet the needs of the pet on their own.
Learning more about Mississippi's unique divorce statutes can help people set achievable goals and effectively address their biggest disputes. Pet custody is often only an option for those who can actually cooperate with one another after they divorce.]]>On Behalf of Perry Law Firm, LLC<![CDATA[Can your spouse file for divorce while you are deployed?]]>https://www.perrylawfirmllcms.com/?p=473332026-04-17T12:39:37Z2026-04-17T12:39:37ZAs a military service member, you know that it can be complicated if you decide to get divorced. You and your spouse have discussed it, so you know that it is a possibility. But neither one of you has taken any concrete steps to actually file for a divorce at this time.
Due to the nature of your job, there is always a chance that you could be deployed for weeks or months on end. What happens if your spouse decides to file for divorce while you are overseas? Are they able to do so, and how are you supposed to respond to a divorce petition?
A 90-day stay
The important thing to remember here is that the Servicemembers Civil Relief Act gives you certain rights that civilians would not have during the divorce.Specifically, you can submit a request asking for a stay of the divorce proceedings, since they are a civil matter. Submitting your request grants you a 90-day automatic stay. The court also has the discretion to extend this stay, if necessary.In other words, though your spouse can file while you are deployed, it is natural that you may not be able to respond to a divorce petition, consult your attorney, attend hearings or take any other concrete steps to participate in the divorce. Since this would not be fair to you, you can request a stay until you are back in the United States, and you can be involved in the overall divorce process.
A complicated divorce
For this reason, a military divorce can be a bit more complicated than a civilian divorce, and it can take longer. It is critical that you understand all of your rights and legal options at this time.]]>On Behalf of Perry Law Firm, LLC<![CDATA[What are grounds for a fault-based divorce in Mississippi?]]>https://www.perrylawfirmllcms.com/?p=473312026-04-01T15:13:26Z2026-04-01T15:13:26ZYou can only get a no fault divorce in Mississippi if both partners agree. If one partner does not, then the only option is to seek a fault-based divorce. This makes it much different than options in other states, so it is important for Mississippi residents to understand these unique laws.
If you are seeking a fault-based divorce, then you have to demonstrate specific grounds for that divorce to the court. In other words, you have to show that your spouse is the one who caused the divorce in some way, and the court will then decide if they should grant you the divorce or not.
9 grounds for divorce in Mississippi
If you are considering a divorce and you believe it will be fault-based, here are nine different grounds you can use under Mississippi law:
Adultery, showing that your spouse was unfaithful to the marriage
Domestic violence or abuse
Willful desertion or abandonment of the marriage
Troubles with alcohol or drugs, such as habitual drunkenness
Impotence and the inability to consummate the marriage
Incurable mental illness
If your spouse has become pregnant while being unfaithful to the marriage
Incarceration and felony charges
If you discover that you and your spouse are actually related
If you are filing for a fault-based divorce, it can be helpful to have evidence to back up your claims. For example, you may want to look into securing police records to demonstrate habitual drunkenness if your spouse has been arrested on drunk driving charges repeatedly. These police records could also help with allegations of domestic violence or if your spouse has been convicted on felony chargesDivorce in Mississippi can be complex, and it is very important for you to understand exactly what legal options you have.]]>On Behalf of Perry Law Firm, LLC<![CDATA[Can you divorce a missing spouse in Mississippi?]]>https://www.perrylawfirmllcms.com/?p=473302026-03-24T12:26:56Z2026-03-25T12:21:26ZWhen a missing spouse may count as desertion
Mississippi recognizes desertion as a ground for divorce, but it is not automatic. In most cases, your spouse must have left willfully and remained absent for at least one continuous year without a valid reason.
That timeline plays a critical role in how the court evaluates the overall case. If you file too early, the court may determine that desertion has not been established. The one-year period generally begins when your spouse leaves and stops fulfilling marital obligations, rather than when communication becomes inconsistent.
Courts also examine the broader context of the separation, including when your spouse left and whether the absence appears intentional under the circumstances.
What you need to show when your spouse is missing
When your spouse cannot be located, the process does not simply stop. The court still expects you to clearly demonstrate the circumstances of the separation and the efforts you have made to locate them.
This often involves building a clear and consistent timeline, along with showing that you made meaningful attempts to find your spouse before moving forward with the divorce. You may need to gather and organize:
Dates and details surrounding when your spouse left
Copies of messages, emails or call logs showing attempted contact
Notes on outreach to family members or known associates
Records tied to last known addresses or places of employment
Documentation supporting requests for service by publication, if allowed
Taking time to organize this information can make it easier for the case to move forward.
Where cases often break down
Even when someone has a valid situation, cases can stall if key details are missing, incomplete or poorly documented. Common issues include:
Filing before the one-year desertion period has passed
Having limited or no documentation of efforts to locate the spouse
Treating publication as a shortcut rather than part of a broader process
Lacking a clear and consistent timeline of events
As a result, these gaps can delay the case or require additional steps before it can proceed.
What to keep in mind moving forward
If your spouse is missing, the process often depends on how clearly you can demonstrate what has happened over time. A practical starting point is to build a consistent record beginning from when your spouse left, including any efforts made to contact or locate them. In many situations, the strength and clarity of that information can influence how the case progresses.
Taking time to organize these details early can help you better understand how your situation fits within Mississippi law and what the legal process may involve next.]]>On Behalf of Perry Law Firm, LLC<![CDATA[Can social media hurt your divorce case?]]>https://www.perrylawfirmllcms.com/?p=473282026-03-17T19:47:43Z2026-03-17T19:47:43ZSocial media is likely part of your everyday life. It’s a great way to stay connected and find out what is happening in and around your community.
But during a divorce, social media can quickly become a liability, as posts, photos, comments and private messages may all be used as evidence in court.
Social media as evidence
Divorce proceedings require both parties to provide complete and honest information. But tech-savvy attorneys have increasingly been reviewing social media platforms like Facebook, Instagram, TikTok and X to find content that may contradict what a person is claiming in court.One of the biggest areas of dispute revolves around finances. A spouse may tell the court they are struggling financially, but post photos of vacations, shopping, luxury items or frequent nights out. That content can be used to challenge the individual’s credibility and suggest they have access to undisclosed income or don’t actually need financial support.Child custody disputes are another area where social media plays a role. Courts focus on the best interests of the child, and a parent’s online behavior can be seen as a reflection of their judgment. Posts involving excessive partying, substance use or inappropriate conduct may raise concerns about parenting ability.Social media can also be used to show inconsistency between court testimony and real life. Credibility is called into question if a parent claims they are unavailable for parenting time while, at the same time, posting about social outings, or denying a new relationship but sharing photos with a partner. A common misconception is that privacy settings offer protection, but courts often allow relevant social media content to be used as evidence regardless of how it was shared.If you plan todivorce your spouse, an intentional approach to social media use is needed. Avoid discussing your case, your spouse and your personal life. Even a seemingly harmless post can be taken out of context. While social media may feel like a normal part of your daily life, it can have very real legal consequences.]]>On Behalf of Perry Law Firm, LLC<![CDATA[Can Mississippi child support assist with college costs?]]>https://www.perrylawfirmllcms.com/?p=473272026-03-04T17:00:24Z2026-03-04T17:00:24ZRaising children to adulthood requires decades of hard work and sacrifice by parents. If the parents do not live together, they split those obligations by sharing custody.
Frequently, the parent with higher income or less parenting time may have an obligation to pay child support. Child support can help the recipient parent cover necessary expenses for the children. Those expenses tend to increase as children get closer to independence, rather than decreasing because they are older. Teenagers eat far more than younger children and may ask for mobile phones or brand-name shoes. They may also have plans to attend college after they graduate high school. Can child support help with college tuition costs?
Mississippi support lasts longer than average
In many other jurisdictions, child support ends when a child turns 18 or when they graduate from high school. The law in Mississippi recognizes that most 18-year-olds and recent high school graduates are not in a position to support themselves and live independently yet. They still require assistance from their parents as they begin to develop their careers. As such, standard child support orders in Mississippi often last until the child turns 21. The continued support available after a child turns 18 and finishes high school can assist with college costs. It is important to note that child support obligations often fall far below the costs of college tuition and secondary expenses, such as textbooks and on-campus housing. Parents who understand the resources available to them when they share custody may be able to more effectively plan for their children's futures. Child support cab assist with college costs, and parents may even plan to work cooperatively to share whatever residual expenses they need to cover.]]>On Behalf of Perry Law Firm, LLC<![CDATA[Can mothers refuse when fathers request paternity testing?]]>https://www.perrylawfirmllcms.com/?p=473262026-02-19T16:18:10Z2026-02-19T16:18:10ZTiming determines the risk involved
The timing of a father's request for a paternity test strongly influences whether or not the mother can decline the request. While it is now possible to conduct prenatal paternity testing, doing so does come with the risk of potential medical side effects, including miscarriage.
As such, expectant mothers can decline prenatal genetic testing, and the courts are unlikely to force her to undergo the test while she is pregnant. However, after the birth of the child, the test is no longer invasive.
It carries no medical risk, as it merely requires the collection of tissue through a swab of the inner cheek. After the birth of a child, the courts can order genetic testing, and the mother generally cannot refuse on the grounds of medical concern.
Genetic testing can validate a man's parentage and allow him to establish paternity with the state. From there, requesting shared custody is an option. Understanding the rules that apply to genetic testing in paternity cases can help fathers understand when they may be in a position to pursue answers.]]>