The father and mother are the joint natural guardians of their minor children and are equally charged with their care, nurture, welfare and education, and the care and management of their estates. The father and mother shall have equal powers and rights, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of such minor, or any other matter affecting the minor. If either father or mother die or be incapable of acting, the guardianship devolves upon the surviving parent. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to its custody. But if any father or mother be unsuitable to discharge the duties of guardianship, then the court, or chancellor in vacation, may appoint some suitable person, or having appointed the father or mother, may remove him or her if it appear that such person is unsuitable, and appoint a suitable person.
Codes, 1930, § 1863; 1942, § 399; Laws, 1922, ch. 266.
Notes of Decisions
Cited in
34
cases (
1 in the last 5 years), 1983–2024 · leading case:
Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994).
Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994).
“Miss. Code Ann. § 93-13-1 (1972). [6] At trial Billy had stated he was willing to give Linda one-half of this stock.”
Albright v. Albright, 437 So. 2d 1003 (Miss. 1983).
“The applicable statute is Miss. Code Ann. § 93-13-1 (1972) which states in part that "Neither parent has any right paramount to the right of the other parent concerning the custody of the minors.”
Vaughn v. Davis, 36 So. 3d 1261 (Miss. 2010).
· cites it 2× “" Miss.Code Ann. § 93-13-1 (Rev. 2004). However, we also recognize that this presumption or preference for a natural parent may be rebutted.”
Aetna Cas. & Sur. Co. v. Williams, 623 So. 2d 1005 (Miss. 1993).
· cites it 2× “To construe the term "resident" otherwise would also conflict with Miss. Code Ann. § 93-13-1 (1972) which provides in part: "The father and mother are the joint natural guardians of their minor children and are equally charged with their care, nurture, welfare and education, and…”
Carr v. Carr, 480 So. 2d 1120 (Miss. 1985).
“The applicable statute in custody determinations is Miss. Code Ann. § 93-13-1 (1972) which states in part that "[t]he father and mother are the joint natural guardians of these minor children .”
Davis v. Vaughn, 126 So. 3d 33 (Miss. 2013).
“See also Miss. Code Ann. § 93-13-1 (Rev.2013) (“The father and mother are the joint natural guardians of their minor children and are equally charged with their care, nurture, welfare and education.”
Clark v. Myrick, 523 So. 2d 79 (Miss. 1988).
“2d at 421-22 ; and Miss. Code Ann. § 93-13-1 (1972). I would make no attempt to resolve the various conflicts in the evidence regarding Myrick's resources.”
In Re Custody of MAG, 859 So. 2d 1001 (Miss. 2003).
“In fact, Miss.Code Ann. § 93-13-1 (1994) states in pertinent part: "[I]f any father or mother be unsuitable to discharge the duties of guardianship, then *1004 the court, or chancellor in vacation, may appoint a suitable person.”
Arthur v. Arthur, 691 So. 2d 997 (Miss. 1997).
“In the event of that parent's death, a guardian *1002 in this case, Peggy would be appointed to administer the proceeds so as to invoke the protection of court supervision provided in the guardianship statutes, Miss. Code Ann. § 93-13-1 et seq. (1972).”
McKee v. Flynt, 630 So. 2d 44 (Miss. 1993).
“See also Miss. Code Ann. § 93-13-1 (1972). This Court considers the denying of a parent the custody his or her child a serious matter and does not treat this issue lightly.”
— Miss. Code Ann. § 93-13-1(1994) — 1 case
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