Title 93, Domestic Relations

This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

(1) In this chapter:(1) “Adult” means an individual who has attained twenty-one (21) years of age.(2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under Article 4 of Title 93, Chapter 20, Mississippi Code…

A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and Articles 2, 3, and 5.

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the co…

(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:(1) Hold an evidentiary hearing;(2) Order a person in that state to produce evidence or give testimony pursuant to pro…

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its…

(a) In this article:(1) “Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the responden…

This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.

(1) A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:(1) This state is the respondent’s home state;(2) On the date the petition is filed, this state is a significant-connection state and:(A) The respondent does not have …

(a) A court of this state lacking jurisdiction under Section 93-14-203(1) through (3) has special jurisdiction to do any of the following:(1) Appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;.(2)…

Except as otherwise provided in Section 93-14-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires…

(a) A court of this state having jurisdiction under Section 93-14-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state de…

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:(1) Decline to exercise jurisdiction;(2) Exercise jurisdiction for the limited purpose of fashioning…

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…

(1) Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under Section 93-14-204(a)(1) or (a)(2), if a petition for the appointment of a guardian or issuance of a protective order is fi…

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state f…

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section 93-14-301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certi…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USCS, Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 USCS Section 7001(c), or authorize electronic delivery of an…

(a) This chapter applies to guardianship and protective proceedings begun on or after July 1, 2014. (b) Articles 1, 3 and 4 and Sections 93-14-501 and 93-14-502 apply to proceedings begun before July 1, 2014, regardless of whether a guardianship or protective order has been issue…

This chapter shall be known and may be cited as the “Mississippi Termination of Parental Rights Law.”

(a) For purposes of this chapter, unless a different meaning is plainly expressed by the context, the following definitions apply:(a) “Abandonment” means any conduct by the parent, whether consisting of a single incident or actions over an extended period of time, that evinces a …

(1) The chancery court has original exclusive jurisdiction over all termination of parental rights proceedings except when a county court sitting as a youth court has acquired jurisdiction of a child in an abuse or neglect proceeding, then the county court shall have original exc…

(1) (a) Involuntary termination of parental rights proceedings are commenced upon the filing of a petition under this chapter. The petition may be filed by any interested person, or any agency, institution or person holding custody of the child. The simultaneous filing of a petit…

(1) A parent may accomplish the surrender of a child to the Department of Child Protection Services or to a home by:(a) Delivering the child to the Department of Child Protection Services or the home;(b) Executing an affidavit of a written agreement that names the child and which…

(1) The court shall accept the parent’s written voluntary release if it meets the following minimum requirements:(a) Is signed under oath and dated at least seventy-two (72) hours after the birth of the child;(b) States the parent’s full name, the relationship of the parent to th…

(1) A hearing on the involuntary termination of parental rights shall be conducted without a jury and in accordance with the Mississippi Rules of Evidence. The court may exclude the child from the hearing if the court determines that the exclusion of the child from the hearing is…

(a) When reasonable efforts for reunification are required for a child who is in the custody of, or under the supervision of, the Department of Child Protection Services pursuant to youth court proceedings, the court hearing a petition under this chapter may terminate the parenta…

(a) When reasonable efforts for reunification are not required, a court hearing a petition under this chapter may terminate the parental rights of a parent if, after conducting an evidentiary hearing, the court finds by clear and convincing evidence:(a) That the child has been ad…

(1) A court hearing a petition under this chapter may terminate the parental rights of a parent when, after conducting an evidentiary hearing, the court finds by clear and convincing evidence:(a) (i) That the parent has engaged in conduct constituting abandonment or desertion of …

(a) Any of the following, if established by clear and convincing evidence, may be grounds for termination of the parent’s parental rights if reunification between the parent and child is not desirable toward obtaining a satisfactory permanency outcome:(a) The parent has been medi…

(a) Notwithstanding any other provision of this chapter, the court may exercise its discretion not to terminate the parent’s parental rights in a proceeding under this chapter if the child’s safety and welfare will not be compromised or endangered and terminating the parent’s par…

(a) Compelling and extraordinary reasons why termination of parental rights would not be in the child’s best interests may include, but are not limited to:(a) When a child is being cared for by a relative and that relative, who is otherwise an appropriate, safe and loving placeme…

In any proceeding under this chapter, where the court knows or has reason to know that an Indian child is involved, the court must comply with the Indian Child Welfare Act (25 USCS Section 1901 et seq.) in regard to notice, appointment of counsel, examination of reports or other …

Termination under this chapter of a parent’s parental rights does not affect the parental rights of another parent.

In any case where a child has been removed from the custody and care of the parent due to sexual abuse or serious bodily injury to the child, or is not living in the home of the offending parent, the court shall treat the petition for termination of parental rights as a preferenc…

(1) If the court does not terminate the parent’s parental rights, the custody and care of the child shall continue with the person, agency, or institution that is holding custody of the child at the time the judgment is rendered, or the court may grant custody to the parent whose…

Appeal from a final judgment on the termination of parental rights under this chapter shall be to the Supreme Court of Mississippi pursuant to the Mississippi Rules of Appellate Procedure.

Any court of this state which is competent to decide child custody matters shall have jurisdiction to grant visitation rights with a minor child or children to the grandparents of such minor child or children as provided in this chapter.

(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 par…

All persons required to be made parties in child custody proceedings or proceedings for the termination of parental rights shall be made parties to any proceeding in which a grandparent of a minor child or children seeks to obtain visitation rights with such minor child or childr…

This chapter shall not apply to the granting of visitation rights to the natural grandparents of any child who has been adopted by order or decree of any court unless: (a) one (1) of the legal parents of such child is also a natural parent of such child; or (b) one (1) of the leg…

(1) The chancery court or the chancellor in vacation, of the county of the residence of the petitioners shall have jurisdiction upon the petition of any person to alter the names of such person, to make legitimate any living offspring of the petitioner not born in wedlock, and to…

(1) At any time after the filing of the petition for adoption and completion of process thereon, and before the entering of a final decree, the court may, in its discretion, of its own motion or on motion of any party to the proceeding, require an investigation and report to the …

In any child custody matter hereafter filed in any chancery or county court in which temporary or permanent custody has already been placed with a parent or guardian and in all adoptions, the court shall impose a fee for any court-ordered home study performed by the Department of…

(1) A final decree of adoption shall not be entered before the expiration of six (6) months from the entry of the interlocutory decree except (a) when a child is a stepchild of a petitioner or is related by blood to the petitioner within the third degree according to the rules of…