In Mississippi, a child cannot legally refuse court-ordered visitation at any age. The number parents hear most often is 12, and it matters, but not in the way most people think: Mississippi Code § 93-11-65 allows a chancellor to consider the stated preference of a child who is at least 12 years old when deciding which parent should have primary custody.1Justia Law. Mississippi Code 93-11-65 – Custody and Support of Minor Children That is a voice in a custody decision, not a veto over a weekend visit. Until a court changes the order, the order controls.
What the Age 12 Rule Actually Says
Two words in the statute do the heavy lifting. The chancellor “may” consider the preference of a child 12 or older when both parents are fit. The judge is permitted to listen; the judge is never required to follow. And the statute obliges the chancellor to put on the record the specific reasons for the custody ruling, including why the child’s wishes were or were not honored.1Justia Law. Mississippi Code 93-11-65 – Custody and Support of Minor Children
Children under 12 are not shut out. A chancellor has discretion to hear from a younger child, but the law does not require it, and younger children’s opinions receive significantly less weight. A six-year-old’s preference for one household may reflect who lets them stay up later, not a considered judgment about their own welfare.
The preference also sits inside a much larger analysis. Mississippi courts weigh custody disputes under the best-interest standard set out in Albright v. Albright, which looks at continuity of care, parenting ability, each parent’s health, emotional ties, stability, moral fitness, the child’s school and community record, and other factors alongside the child’s wishes.2Justia Law. Albright v. Albright A 13-year-old telling the court “I want to live with Dad” can be overruled if the rest of the picture points the other way.
Preference Alone Will Not Change an Existing Order
This is where parents most often go wrong. Even after a child turns 12 and states a clear preference, that preference by itself is not enough to modify an existing custody or visitation order. Mississippi appellate courts have held that a child’s expressed preference, unsupported by other evidence, does not amount to the material change in circumstances a modification requires. The child needs reasons that go beyond wanting to switch households.
To change any custody order in Mississippi, the parent asking for the change has to show that a material change in circumstances has occurred since the last order was entered.3FindLaw. Mississippi Code 93-5-24 – Types of Custody Awarded by Court Courts have found that bar met by things like a parent’s relocation, a significant shift in a parent’s mental health or substance use, documented abuse or neglect, or a substantial change in the child’s needs. A teenager announcing a preference does not clear it on its own.
What You Must Do When Your Child Refuses to Go
A court-ordered visitation schedule is a legal directive. When a child digs in and refuses to get in the car, the custodial parent still has a duty to make the child available and to encourage them to go. The child’s refusal does not excuse the custodial parent from complying.
In practice, that means you cannot simply tell the other parent, “She doesn’t want to come.” Courts expect custodial parents to actively facilitate visitation: driving the child to the exchange, talking to them about the importance of the relationship, and not letting a child make adult decisions about court orders. If a chancellor later concludes you did not make a genuine effort, the fallout can be significant.
Contempt of Court
The noncustodial parent’s primary enforcement tool is a motion for contempt. Mississippi chancery courts have broad contempt authority, including the power to impose fines and jail time for disobeying a court order.4FindLaw. Mississippi Code 9-1-17 – Contempt; Punishment A chancellor who finds a pattern of interference can order makeup visitation time, require the custodial parent to pay the other parent’s attorney fees, or modify the custody arrangement altogether.
Parental Alienation
When a child’s refusal to visit coincides with a pattern of negative comments about the noncustodial parent, interference with phone calls, or rewarding the child for rejecting the other parent, courts may view it as parental alienation. Chancellors already have authority under the Albright factors to weigh each parent’s moral fitness and willingness to foster the child’s relationship with the other parent. A finding that one parent is actively undermining that bond can shift the entire custody analysis.
When Visitation Can Legitimately Be Changed or Restricted
There are real situations where visitation should be modified, and the law accounts for them. A court can order a parent’s time with a child to be supervised by a responsible third party or agency, or in extreme cases, suspend visitation. Common conditions include requiring a parent to abstain from alcohol or drugs for 24 hours before a visit, submit to regular drug testing, attend counseling, or stay away from certain individuals during parenting time.
Supervised visitation usually takes place at a designated visitation center or another location approved by the court. The supervisor’s role is mainly observational, though they can intervene if the child is in danger or distress. These arrangements are meant to be temporary, with the restricted parent working toward unsupervised contact by meeting the court’s conditions.
If you genuinely believe your child is unsafe during visits, the right move is to file a motion with the chancery court seeking a modification or protective order. Document everything: dates, what the child reported, any physical evidence, and communications with the other parent. Acting through the court protects you far more effectively than unilaterally withholding visitation, which can backfire in a contempt proceeding.
How to Ask the Court to Modify Visitation
Custody and visitation cases in Mississippi are handled by chancery court. If an order already exists, any new filing involving the same family is assigned to the same chancellor who issued the original order. To request a change, you file a petition for modification in the chancery court that entered the current order, pay the filing fee to the chancery clerk, and serve the other parent with notice.
You are not required to hire an attorney, and Mississippi’s chancery rules apply to self-represented litigants. Modification cases turn on proving a material change in circumstances, though, and judges expect evidence rather than general complaints. An attorney experienced in Mississippi family law can help you frame the argument and present proof that meets the standard. If cost is a barrier, Mississippi Legal Services and local legal aid organizations may be able to help.
One procedural point worth knowing: Mississippi’s chancery rules require both parties to keep the court updated with a current address as long as any minor children are involved. If you move, notify the chancery clerk and the other parent in writing within five days. Failing to do that can create problems if the court or the other parent needs to reach you.
How the Child’s Voice Reaches the Judge
Mississippi courts try to keep children out of the courtroom itself. The most common method is an in-camera interview, a private conversation between the judge and the child in the judge’s chambers rather than in open court. Parents are excluded from the room, though their attorneys and a court reporter are typically present. The point is to let the child speak honestly without feeling they are picking sides in front of their parents.
In higher-conflict cases, the court may appoint a Guardian ad Litem. A GAL is typically an attorney, though Mississippi law allows the appointment of a trained layperson in some courts.5Justia Law. Mississippi Code 43-21-121 – Guardian Ad Litem; Appointment of a CASA Volunteer The GAL investigates independently by interviewing the child, both parents, teachers, therapists, and others, then reports findings and recommendations to the court. A GAL report is not binding, but chancellors take it seriously because the GAL has usually spent far more time with the family than the court has. GAL appointments add cost, and courts often split the fee between both parents. If affordability is a concern, raise it with the court early.