Can grandparents be awarded custody of their grandchild(ren) in Mississippi?
Yes. One of the tests for custody is, what is in the best interest of the children. Now, in Mississippi, there is a presumption, it’s a legal presumption, which means the courts have to look at it like this. The best interest of the children is served by the children being raised by their biological parents. However, there are many instances where the parents are not fit or not qualified. In those instances, third parties or grandparents may come in and petition the court for custody, and they would have to prove the unfitness of the parents and that it was in the child’s best interest, or the children’s best interest, to go with the grandparents, and then they would be awarded custody.