Mississipppi Divorce and Family Law Questions

If I have custody of my children and I die, will their surviving natural parent automatically get custody?

There is a presumption in Mississippi that the best interests of a child will best be preserved by remaining with his surviving parent unless the third party seeking custody makes a clear showing of one of the following: (1) the surviving parent abandoned the child; (2) the conduct of the surviving parent is so immoral as to be detrimental to the child; or (3) the surviving parent is unfit mentally or otherwise to have custody. Unless a family member or other third party comes forward, petitions the court, and makes the requisite showing, the surviving natural parent will usually become the custodial parent. Even so, in all cases involving children, we recommend that our clients have a Last Will and Testament written that will state his preference of who will be the custodian of the minor children in the event of death. That way, if the surviving natural parent is not fit, the court will have a clear direction of whom the fit parent preferred.