Perry Law Firm, LLCPerry Law Firm, LLC2026-07-12T10:15:14Zhttps://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[Can grandparents seek visitation rights in Mississippi?]]>https://www.perrylawfirmllcms.com/?p=473432026-07-12T10:15:14Z2026-07-12T10:15:14ZMississippi law allows visitation in limited situations
You do not automatically have the right to visit a grandchild. Instead, you must meet certain legal requirements before a court will consider your request. Under Mississippi Code Section 93-16-3, you may ask for visitation in specific circumstances, including some divorce, custody or parental rights cases. The law allows a petition if a parent dies, if custody is legally terminated or awarded to one parent, or if a grandparent can show they have a viable relationship with the child and have been unreasonably denied visitation.
Even if you qualify to file a request, the court does not guarantee visitation. The next step focuses on your grandchild's well-being. Meeting those legal requirements does not guarantee visitation. It is still up to the court to decide if allowing visitation is in the child's best interests.
Courts focus on the child's best interests
A judge looks at whether grandparent visitation would benefit your grandchild. Courts may consider several factors, including:
The existing relationship between you and your grandchild
Your grandchild's emotional needs
Whether visitation could affect the parent-child relationship
These factors help the judge understand your family's circumstances. Mississippi courts have also discussed these issues in cases such as Martin v. Coop. Court decisions emphasize that parents generally have the right to make decisions about their children's upbringing. If you ask for visitation, you must show why court-ordered contact serves your grandchild's best interests. Because every family situation differs, courts review the facts carefully, so each case is unique.
Family circumstances can affect the outcome
No single factor determines whether visitation will be granted. A judge will evaluate your grandchild's age, family history and the reasons for your request to assess if continued contact supports their stability and healthy development. Since legal processes can be daunting, prioritizing your grandchild’s well-being is essential; focusing on this allows you to face these challenges with the care and patience they deserve.]]>On Behalf of Perry Law Firm, LLC<![CDATA[Addressing tax obligations during probate in Mississippi]]>https://www.perrylawfirmllcms.com/?p=473412026-06-19T00:29:46Z2026-06-19T00:29:46ZEstates pay income and estate taxes
Mississippi, like most other states, does not currently collect an estate tax. Still, estates probated in Mississippi may owe federal estate taxes if the total value of estate assets is above the current federal exemption threshold. Any estate worth $15 million or more in 2026 may have an obligation to pay estate taxes.
Even if the value of the estate is substantially lower than that threshold, income taxes may be due. A personal representative may need to use estate resources to cover any outstanding income tax obligations owed by the deceased party.
The estate could owe income taxes as well. If the personal representative sells assets as part of the probate process, they may need to pay income taxes based on the amount of revenue generated once the sale generates $600 or more in income.
Taxes can be a source of financial exposure if personal representatives fail to properly manage estate resources. Reviewing financial documentation with a probate attorney can help personal representatives fulfill their responsibilities.]]>On Behalf of Perry Law Firm, LLC<![CDATA[When children refuse visitation]]>https://www.perrylawfirmllcms.com/?p=473402026-06-12T08:02:29Z2026-06-12T08:02:29ZDivorce and custody arrangements can be challenging for everyone involved, especially children. As children grow older, they may begin expressing strong opinions about where they want to spend their time and with whom.
When a child refuses visitation, parents are often left feeling frustrated, confused or concerned about the potential legal consequences. These situations can be emotionally difficult and require careful handling to protect both the child's well-being and the parent-child relationship.
Understanding a child’s resistance to parenting time
A child's refusal to participate in visitation does not automatically change a court-ordered parenting schedule. Until a custody order is modified, both parents are generally expected to follow its terms even if that means going against the child’s wishes. This can place the custodial parent in a difficult position when a child strongly resists spending time with the other parent.There are many reasons a child may refuse visitation. In some cases, the resistance may stem from normal developmental changes, social activities or a desire for greater independence. In other situations, deeper issues such as unresolved family conflict, communication problems, anxiety or concerns about the child's safety may be contributing factors. Identifying the underlying reason is often an important first step toward finding an appropriate solution.Additionally, parents should avoid forcing the child to choose between parents or speaking negatively about the other parent. Courts generally expect parents to encourage a healthy relationship between the child and the other parent whenever appropriate. If visitation problems become ongoing, they may eventually raise concerns about parenting time interference, even if that was never the parent's intent. Documenting incidents, maintaining open communication and seeking professional support from counselors or family specialists may help address concerns before they escalate. In some situations, it may be necessary to request a modification of the existing custody arrangement if circumstances have substantially changed.When visitation disputes involve a child who refuses parenting time, obtaining legal guidance can help parents better understand their rights and responsibilities. A qualified professional can evaluate the situation, explain available options and help pursue a solution that supports the child's best interests.]]>On 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.]]>