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While most child custody cases arise in a divorce between parents, many other cases involve a nonparent’s right to custody over a minor child. Nonparental custody can occur where the parents are unfit to have custody or when a third party has had custody for a long time. This article explains the legal issues that are associated with nonparental custody rights in Mississippi.
Who Are Nonparents?
A nonparent is a third party who isn’t a biological or natural parent of the child in question. However, the law presumes that the child’s natural parents should have custody over their own children. A parent has a constitutional right to raise their children. Courts will not interfere with a parent’s constitutional rights absent extraordinary circumstances. Thus, a nonparent may have permanent custody over a minor child if the child’s parents passed away, or if their living parents no longer have the right to have permanent custody. The following third parties are typical examples of nonparents who seek child custody:- Grandparents
- Stepparents
- Adoptive parents
- Aunts and uncles
Grounds for Terminating Parental Rights
Nonparents must demonstrate with clear and convincing evidence that the child’s parents are unfit to care for their child. Section 93-15-121 of the Mississippi code lists the following as grounds for terminating parental rights:- Mental disorder rendering the parent unable or unwilling to provide the child with an adequate home;
- Disabling physical condition that prevents the parent from caring for the child;
- Habitual drug abuse and addiction;
- Unwillingness to provide the child with food, clothing, shelter, and medical care;
- Failure to visit or communicate with the child;
- Abusive or neglectful behavior that causes the child to have extreme antipathy toward the parent;
- Conviction of sex crimes, physical abuse, exploitation, or human trafficking.