Mississippi Code
Miss. Code Ann. § 93-16-3 (2026)
Who may petition for visitation rights; when; court in which to file petition
✓ current as of July 2026
- (1) Whenever a court of this state enters a decree or order awarding custody of a minor child to one (1) of the parents of the child or terminating the parental rights of one (1) of the parents of a minor child, or whenever one (1) of the parents of a minor child dies, either parent of the child's parents may petition the court in which the decree or order was rendered or, in the case of the death of a parent, petition the chancery court in the county in which the child resides, and seek visitation rights with the child.
- (2) Any grandparent who is not authorized to petition for visitation rights pursuant to subsection (1) of this section may petition the chancery court and seek visitation rights with his or her grandchild, and the court may grant visitation rights to the grandparent, provided the court finds:
- (a) That the grandparent of the child had established a viable relationship with the child and the parent or custodian of the child unreasonably denied the grandparent visitation rights with the child; and
- (b) That visitation rights of the grandparent with the child would be in the best interests of the child.
- (3) For purposes of subsection (2) of this section, the term "viable relationship" means a relationship in which the grandparents or either of them have voluntarily and in good faith supported the child financially in whole or in part for a period of not less than six (6) months before filing any petition for visitation rights with the child, the grandparents have had frequent visitation including occasional overnight visitation with said child for a period of not less than one (1) year, or the child has been cared for by the grandparents or either of them over a significant period of time during the time the parent has been in jail or on military duty that necessitates the absence of the parent from the home.
- (4) Any petition for visitation rights under subsection (2) of this section shall be filed in the county where an order of custody as to the child has previously been entered. If no custody order has been entered, then the grandparents' petition shall be filed in the county where the child resides or may be found. Upon a showing of financial hardship for the parents, the court shall on motion of the parent or parents direct the grandparents to pay reasonable attorney's fees to the parent or parents at any time, including before a hearing, without regard to the outcome of the petition.
Laws, 1983, ch. 497, § 1; Laws, 1986, ch. 421, § 1; Laws, 1990, ch. 537, § 2; Laws, 1992, ch. 566, § 1; Laws, 2009, ch. 340, § 1, eff. 7/1/2009.
Amended by Laws, 2019, ch. 404, HB 1096,§ 1, eff. 7/1/2019.
Notes of Decisions
Cited in 76
cases (8 in the last 5 years), 1986–2025 · leading case: Kimberly Wolfe Smith v. Milton Martin, 222 So. 3d 255 (Miss. 2017).
Kimberly Wolfe Smith v. Milton Martin, 222 So. 3d 255 (Miss. 2017). “See Miss. Code Ann. § 93-16-3 (2). Although the Smiths testified that they denied visitation for behavior-related reasons, the chancellor found no causal connection between the children’s behavior and their visits with the Martins.”
Woodell v. Parker, 860 So. 2d 781 (Miss. 2003). “The Woodells argue that the Parkers failed to show that they had established a viable relationship with Shelby or that they were unreasonably denied grandparents' visitation rights under Miss. Code Ann. § 93-16-3 (2) and (3). ¶ 15.”
Zeman v. Stanford, 789 So. 2d 798 (Miss. 2001). “Miss.Code Ann. § 93-16-3 (1994) (emphasis added).”
Aydelott v. Quartaro, 124 So. 3d 97 (Miss. Ct. App. 2013). “So in September 2010, the Quar-taros petitioned to establish grandparent-visitation rights with Aeelynn and Ryver under Mississippi Code Annotated section 93-16-3 (Supp.2012). While the petition was pending, the Aydelotts decided to move from their manufactured home, located on…”
Martin v. Coop, 693 So. 2d 912 (Miss. 1997). “" Miss. Code Ann. § 93-16-3 (1) (1994 rev. ed.”
Lott v. Alexander, 134 So. 3d 369 (Miss. Ct. App. 2014). “Webster’s II New College Dictionary 485 (1995) defines “grandparent” as a “parent of one’s mother or father.” Our supreme court has stated that it “presumes that words used in statutes were intended to convey their usual meaning absent some indication to the contrary.”
Dalphanie Lofton v. Ruby N. Lofton, 176 So. 3d 1184 (Miss. Ct. App. 2015). “2013) (citing Miss. Code Ann. § 93-16-3 (2)). ¶8. To prove a viable relationship, a grandparent must show “[she has] voluntarily and in good faith supported the child financially in whole or in part for a period of not less than six (6) months .”
Troxel v. Granville, 530 U.S. 57 (2000). “, Miss. Code Ann. § 93-16-3 (2)(a) (1994) (court must find that "the parent or custodian of the child unreasonably denied the grandparent visitation rights with the child"); Ore.”
Smith v. Wilson, 90 So. 3d 51 (Miss. 2012). “See Miss.Code Ann. §§ 93-16-3 (Supp.2011), 93-16-5 (Rev.”
Stacy v. Ross, 798 So. 2d 1275 (Miss. 2001). “2d at 803 (the limitations imposed by this Court in its interpretation of § 93-16-3 clearly result in the "narrower reading" lacking in Troxel ).”
Deanna Kaye Patrick v. James Dewy Boyd, 198 So. 3d 436 (Miss. Ct. App. 2016). “” Miss. Code Ann. § 93-16-3 (2) (Rev. 2013); see also Deborah H.”
Christopher Wayne Eaves v. David Darnell Gatlin, 194 So. 3d 171 (Miss. Ct. App. 2015). “Miss. Code Ann. § 93-16-3 (1). The second circumstance is when a grandparent shows (1) a “viable relationship” with his or her grandchild has been established, (2) visitation with the grandchild has been unreasonably denied by the grandchild's parent, and (3) visitation is in…”
— Miss. Code Ann. § 93-16-3(1) — 27 cases
Kimberly Wolfe Smith v. Milton Martin, 222 So. 3d 255 (Miss. 2017). “See Miss. Code Ann. § 93-16-3 (2). Although the Smiths testified that they denied visitation for behavior-related reasons, the chancellor found no causal connection between the children’s behavior and their visits with the Martins.”
Zeman v. Stanford, 789 So. 2d 798 (Miss. 2001). “Miss.Code Ann. § 93-16-3 (1994) (emphasis added).”
Martin v. Coop, 693 So. 2d 912 (Miss. 1997). “" Miss. Code Ann. § 93-16-3 (1) (1994 rev. ed.”
Smith v. Wilson, 90 So. 3d 51 (Miss. 2012). “See Miss.Code Ann. §§ 93-16-3 (Supp.2011), 93-16-5 (Rev.”
DeRose v. DeRose, 666 N.W.2d 636 (Mich. 2003).
— Miss. Code Ann. § 93-16-3(2) — 30 cases
Woodell v. Parker, 860 So. 2d 781 (Miss. 2003). “The Woodells argue that the Parkers failed to show that they had established a viable relationship with Shelby or that they were unreasonably denied grandparents' visitation rights under Miss. Code Ann. § 93-16-3 (2) and (3). ¶ 15.”
Dalphanie Lofton v. Ruby N. Lofton, 176 So. 3d 1184 (Miss. Ct. App. 2015). “2013) (citing Miss. Code Ann. § 93-16-3 (2)). ¶8. To prove a viable relationship, a grandparent must show “[she has] voluntarily and in good faith supported the child financially in whole or in part for a period of not less than six (6) months .”
Stacy v. Ross, 798 So. 2d 1275 (Miss. 2001). “2d at 803 (the limitations imposed by this Court in its interpretation of § 93-16-3 clearly result in the "narrower reading" lacking in Troxel ).”
Martin v. Coop, 693 So. 2d 912 (Miss. 1997). “" Miss. Code Ann. § 93-16-3 (1) (1994 rev. ed.”
Deanna Kaye Patrick v. James Dewy Boyd, 198 So. 3d 436 (Miss. Ct. App. 2016). “” Miss. Code Ann. § 93-16-3 (2) (Rev. 2013); see also Deborah H.”
— Miss. Code Ann. § 93-16-3(2)(a) — 10 cases
Aydelott v. Quartaro, 124 So. 3d 97 (Miss. Ct. App. 2013). “So in September 2010, the Quar-taros petitioned to establish grandparent-visitation rights with Aeelynn and Ryver under Mississippi Code Annotated section 93-16-3 (Supp.2012). While the petition was pending, the Aydelotts decided to move from their manufactured home, located on…”
DeRose v. DeRose, 666 N.W.2d 636 (Mich. 2003).
Blakely v. Blakely, 83 S.W.3d 537 (Mo. 2002).
J.W.J. v. P.K.R., 976 So. 2d 1035 (Ala. Civ. App. 2007).
Solomon v. Robertson, 980 So. 2d 319 (Miss. Ct. App. 2008).
— Miss. Code Ann. § 93-16-3(2)(b) — 5 cases
Woodell v. Parker, 860 So. 2d 781 (Miss. 2003). “The Woodells argue that the Parkers failed to show that they had established a viable relationship with Shelby or that they were unreasonably denied grandparents' visitation rights under Miss. Code Ann. § 93-16-3 (2) and (3). ¶ 15.”
Aydelott v. Quartaro, 124 So. 3d 97 (Miss. Ct. App. 2013). “So in September 2010, the Quar-taros petitioned to establish grandparent-visitation rights with Aeelynn and Ryver under Mississippi Code Annotated section 93-16-3 (Supp.2012). While the petition was pending, the Aydelotts decided to move from their manufactured home, located on…”
Ferguson v. Lewis, 31 So. 3d 5 (Miss. Ct. App. 2009).
Christine Lauralene Woodell v. Henry Parker (Miss. 2001).
Nora Rasco Keasler & Steve Keasler v. Haley Palmer Roberson Fowler & Zeke Ashton Roberson (Miss. Ct. App. 2020).
— Miss. Code Ann. § 93-16-3(3) — 10 cases
Aydelott v. Quartaro, 124 So. 3d 97 (Miss. Ct. App. 2013). “So in September 2010, the Quar-taros petitioned to establish grandparent-visitation rights with Aeelynn and Ryver under Mississippi Code Annotated section 93-16-3 (Supp.2012). While the petition was pending, the Aydelotts decided to move from their manufactured home, located on…”
Stanley R. Bolivar v. Joyce Waltman, 194 So. 3d 889 (Miss. Ct. App. 2016).
Settle v. Galloway, 682 So. 2d 1032 (Miss. 1996).
Dalphanie Lofton v. Ruby N. Lofton, 176 So. 3d 1184 (Miss. Ct. App. 2015). “2013) (citing Miss. Code Ann. § 93-16-3 (2)). ¶8. To prove a viable relationship, a grandparent must show “[she has] voluntarily and in good faith supported the child financially in whole or in part for a period of not less than six (6) months .”
Solomon v. Robertson, 980 So. 2d 319 (Miss. Ct. App. 2008).
— Miss. Code Ann. § 93-16-3(4) — 11 cases
Zeman v. Stanford, 789 So. 2d 798 (Miss. 2001). “Miss.Code Ann. § 93-16-3 (1994) (emphasis added).”
Morgan v. West, 812 So. 2d 987 (Miss. 2002).
Woodell v. Parker, 860 So. 2d 781 (Miss. 2003). “The Woodells argue that the Parkers failed to show that they had established a viable relationship with Shelby or that they were unreasonably denied grandparents' visitation rights under Miss. Code Ann. § 93-16-3 (2) and (3). ¶ 15.”
Aydelott v. Quartaro, 124 So. 3d 97 (Miss. Ct. App. 2013). “So in September 2010, the Quar-taros petitioned to establish grandparent-visitation rights with Aeelynn and Ryver under Mississippi Code Annotated section 93-16-3 (Supp.2012). While the petition was pending, the Aydelotts decided to move from their manufactured home, located on…”
Stacy v. Ross, 798 So. 2d 1275 (Miss. 2001). “2d at 803 (the limitations imposed by this Court in its interpretation of § 93-16-3 clearly result in the "narrower reading" lacking in Troxel ).”
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