Mississippi Code
Miss. Code Ann. § 93-27-201 (2026)
Initial child-custody jurisdiction
✓ current as of July 2026
- (1) Except as otherwise provided in Section 93-27-204, a court of this state has jurisdiction to make an initial child custody determination only if:
- (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
- (b) A court of another state does not have jurisdiction under paragraph (a), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 93-27-207 or 93-27-208; and:
- (i) The child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
- (ii) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
- (c) All courts having jurisdiction under paragraph (a) or (b) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 93-27-207 or 93-27-208; or
- (d) No court of any other state would have jurisdiction under the criteria specified in paragraph (a), (b), or (c) of this section.
- (2) Subsection (1) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
- (3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
Laws, 2004, ch. 519, § 13, eff. 7/1/2004.
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 2008–2022 · leading case: Miller v. Mills, 64 So. 3d 1023 (Miss. Ct. App. 2011).
Miller v. Mills, 64 So. 3d 1023 (Miss. Ct. App. 2011). “§ 13:1813(A); Miss.Code Ann. § 93-27-201 (Supp.2010). “ ‘Child custody determination’ means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child.”
Sean P. Edwards v. Reanna S. Zyla, 207 So. 3d 1232 (Miss. 2016). “]” Miss. Code Ann. § 93-27-201 (l)(a) (Rev. 2013).”
White v. White, 26 So. 3d 342 (Miss. 2010). “Miss.Code Ann. § 93-27-201 (Rev.2004) (emphasis added).”
In re the Adoption of H.C.H., 304 P.3d 1271 (Kan. 2013). “Father cites Miss. Code Ann. § 93-27-201 (Rev. 2004; 2012 Supp.”
Laquita Burgess v. McKinley Williamson, 270 So. 3d 1031 (Miss. Ct. App. 2018). “See Miss. Code Ann. § 93-27-201 (Rev. 2013). Williamson sought sole physical and joint legal custody of Elizabeth.”
Clifton v. Shannon, 93 So. 3d 70 (Miss. Ct. App. 2012). “3d at 1224 (¶ 16) (citing Miss.Code Ann. § 93-27-201 (Supp.2009)). However, even if only one party remains in the state, a second state may modify the order if the issuing court finds that neither the child, nor the child and one pai'ent, have a significant connection with the…”
Yeager v. Kittrell, 35 So. 3d 1221 (Miss. Ct. App. 2009). “See Miss.Code Ann. § 93-27-201 (Supp.2009). A court issuing an initial determination has continuing jurisdiction over the parties; no other court may modify the decree.”
J.H. v. C.Y., 161 So. 3d 233 (Ala. Civ. App. 2014). “, Miss.Code Ann., § 93-27-201 (differing from § 30-3B-201 only in its references to other statutory sections).”
Holloway v. Holloway, 218 So. 3d 853 (Ala. Civ. App. 2016). “, Miss.Code Ann., § 93-27-201 (differing from § 30-3B-201 only in its references to other statutory sections).”
Hersey v. Gratton, 136 So. 3d 1085 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 93-27-201 (Rev.2013). A court issuing an initial determination has continuing jurisdiction over the parties; no other court may modify the decree.”
Faith Abercrombie v. Jonathan Abercrombie (Miss. Ct. App. 2019). “Miss. Code Ann. § 93-27-201 (Rev. 2013). She also challenges an award of attorney’s fees to her ex-husband, Jonathan Abercrombie, and rulings related to Jonathan’s child support payments.”
Zellen Smith v. Jessie Banks, Jr. (Miss. Ct. App. 2022). “See Miss. Code Ann. § 93-27-201 (Rev. 2021). Contrary to Smith’s petition, Banks claimed that J.”
— Miss. Code Ann. § 93-27-201(1) — 1 case
Miller v. Mills, 64 So. 3d 1023 (Miss. Ct. App. 2011). “§ 13:1813(A); Miss.Code Ann. § 93-27-201 (Supp.2010). “ ‘Child custody determination’ means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child.”
— Miss. Code Ann. § 93-27-201(2) — 1 case
Miller v. Mills, 64 So. 3d 1023 (Miss. Ct. App. 2011). “§ 13:1813(A); Miss.Code Ann. § 93-27-201 (Supp.2010). “ ‘Child custody determination’ means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child.”
— Miss. Code Ann. § 93-27-201(l)(a) — 1 case
Rose v. Upshaw, 69 So. 3d 74 (Miss. Ct. App. 2011).
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