Mississippi Family Law – Jurisdiction and Service of

Process

By Morgan, Lewis & Bockius LLP – March 31, 2021

Disclaimer: This Toolkit was developed under grant number SJI-20-E-005 from the State Justice

Institute. The points of view expressed are those of the authors and do not necessarily represent the official position

or policies of the State Justice Institute. While the Jurisdiction and Service of Process Chart is a useful resource, it

does not remove the responsibility of each and every lawyer to engage in original analysis and research.

Custody Determination - Jurisdiction

Initial Custody Determination

(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

https://law.justia.com/codes/mississippi/2018/title-93/chapter-27/article-2/section-93-27-201/

Temporary Emergency Jurisdiction

MS Code § 93-27-204. Temporary emergency jurisdiction.

(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the

child has been abandoned or it is necessary in an emergency to protect the child because the child, or a

sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(2) If there is no previous child custody determination that is entitled to be enforced under this chapter

and a child custody proceeding has not been commenced in a court of a state having jurisdiction under

Sections 93¬27201 through 93-27-203, a child custody determination made under this section remains in

effect until an order is obtained from a court of a state having jurisdiction under Sections 93-27-201

(3) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a

child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 93-

27-201 through 93-27-203, any order issued by a court of this state under this section must specify in the

order a period that the court considers adequate to allow the person seeking an order to obtain an order

from the state having jurisdiction under Sections 93-27-201 through 93-27-203. The order issued in this

state remains in effect until an order is obtained from the other state within the period specified or the

period expires.

(4) A court of this state which has been asked to make a child custody determination under this section,

upon being informed that a child custody proceeding has been commenced in, or a child custody

determination has been made by, a court of a state having jurisdiction under Sections 93-27-201 through

https://law.justia.com/codes/mississippi/2018/title-93/chapter-27/article-2/section-93-27-204/

Custody Determination – Service/Notification Requirements

MS Code § 92-27-205. Notice; opportunity to be heard; joinder.

(1) Before a child custody determination is made under this chapter, notice and an opportunity to be heard

(3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under

this chapter are governed by the law of this state as in child custody proceedings between residents of this

state.

https://law.justia.com/codes/mississippi/2018/title-93/chapter-27/article-2/section-93-27-205/

MS Code § 93-27-108. Notice to persons outside state.

(1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a

manner prescribed by the law of this state for service of process or by the law of the state in which the

service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be

by publication if other means are not effective.

(2) Proof of service may be made in the manner prescribed by the law of this state or by the law of the

(3) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the

Paternity and Child Support Proceeding – Jurisdiction

MS Code § 93-25-201. Bases for jurisdiction over nonresident.

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal

of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian

(4) The individual resided in this state and provided prenatal expenses or support for the child;

(5) The child resides in this state as a result of the acts or directives of the individual;

(6) The individual engaged in sexual intercourse in this state and the child may have been conceived by

that act of intercourse;

(7) The individual asserted parentage of a child as provided by law in this state; or

(8) There is any other basis consistent with the constitutions of this state and the United States for the

exercise of personal jurisdiction.

(b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state may not

be used to acquire personal jurisdiction for a tribunal of this state to modify a child-support order of

another state unless the requirements of Section 93-25-611 are met, or, in the case of a foreign support

well.

Child Abuse/Neglect Proceeding – Service/Notification Requirements

See section re: domestic violence, as the same Chapter applies to child abuse and protective orders as

well.

Divorce and Legal Separation – Jurisdiction

MS Code § 93-5-5. Residence requirement for divorce.

next preceding the commencement of the suit. If a member of the armed services of the United States is

stationed in the state and residing within the state with his spouse, such person and his spouse shall be

considered actual bona fide residents of the state for the purposes of this section, provided they were

residing within the state at the time of the separation of the parties.

(b) In any case where the proof shows that a residence was acquired in this state with a purpose of

securing a divorce, the court shall not take jurisdiction thereof, but dismiss the bill at the cost of

complainant.

https://law.justia.com/codes/mississippi/2018/title-93/chapter-5/section-93-5-5/

the county of the residence of the parties at the time of separation, if the plaintiff be still a resident of such

county when the suit is instituted. A complaint for divorce based solely on the grounds of irreconcilable

differences shall be filed in the county of residence of either party where both parties are residents of this

state. If one (1) party is not a resident of this state, then the complaint shall be filed in the county where

the resident party resides.

See Divorce and Legal Separation - Jurisdiction Section.

(1) Except as otherwise provided in this section, a court of this state has jurisdiction over a proceeding for

the adoption or readoption of a minor commenced under this chapter if:

(a) Immediately before commencement of the proceeding, the minor lived in this state with a parent, a

guardian, a prospective adoptive parent or another person acting as parent, for at least six (6) consecutive

months, excluding periods of temporary absence, or, in the case of a minor under six (6) months of age,

lived in this state from soon after birth with any of those individuals and there is available in this state

substantial evidence concerning the minor’s present or future care;

(b) Immediately before commencement of the proceeding, the prospective adoptive parent lived in this

(c) The agency that placed the minor for adoption is licensed in this state and it is in the best interest of

the minor that a court of this state assume jurisdiction because:

(i) The minor and the minor’s parents, or the minor and the prospective adoptive parent, have a significant

connection with this state; and

(ii) There is available in this state substantial evidence concerning the minor’s present or future care;

(d) The minor and the prospective adoptive parent are physically present in this state and the minor has

been abandoned or it is necessary in an emergency to protect the minor because the minor has been

subjected to or threatened with mistreatment or abuse or is otherwise neglected;

(e) It appears that no other state would have jurisdiction under prerequisites substantially in accordance

with paragraphs (a) through (d), or another state has declined to exercise jurisdiction on the ground that

time the petition for adoption is filed, a proceeding concerning the custody or adoption of the minor is

pending in a court of another state exercising jurisdiction substantially in conformity with the Uniform

Child Custody Jurisdiction Act or this section unless the proceeding is stayed by the court of the other

state.

(3) If a court of another state has issued a decree or order concerning the custody of a minor who may be

the subject of a proceeding for adoption in this state, a court of this state may not exercise jurisdiction

(i) Does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites

shall be by sworn petition filed in the chancery court of the county in which the adopting petitioner or

petitioners reside or in which the child to be adopted resides or was born, or was found when it was

abandoned or deserted, or in which the home is located to which the child has been surrendered by a

person authorized to so do. The petition shall be accompanied by a doctor’s or nurse practitioner’s

certificate showing the physical and mental condition of the child to be adopted and a sworn statement of

all property, if any, owned by the child. In addition, the petition shall be accompanied by affidavits of the

petitioner or petitioners stating the amount of the service fees charged by any adoption agencies or

adoption facilitators used by the petitioner or petitioners and any other expenses paid by the petitioner or

petitioners in the adoption process as of the time of filing the petition. If the doctor’s or nurse

practitioner’s certificate indicates any abnormal mental or physical condition or defect, the condition or

parents file an affidavit stating full and complete knowledge of the condition or defect and stating a desire

construed to refer to the person to be adopted, though an adult.

(5) Adoption by couples of the same gender is prohibited.

(6) No person may be placed in the home of or adopted by the prospective adopting parties before a court-

ordered or voluntary home study is satisfactorily completed by a licensed adoption agency, a licensed,

experienced social worker approved by the chancery court or by the Department of Human Services on

the prospective adoptive parties if required by Section 93-17-11.

(7) No person may be adopted by a person or persons who reside outside the State of Mississippi unless

the provisions of the Interstate Compact for Placement of Children (Section 43-18-1 et seq.) have been

complied with. In such cases Forms 100A, 100B (if applicable) and evidence of Interstate Compact for

Placement of Children approval shall be added to the permanent adoption record file within one (1) month

petition for adoption shall be included in the adoption petition stating that the provisions of ICWA do not

apply before finalization.

(9) The readoption of a child who has automatically acquired United States citizenship following an

adoption in a foreign country and who possesses a Certificate of Citizenship in accordance with the Child

Citizenship Act, CAA, Public Law 106-395, may be given full force and effect in a readoption proceeding

conducted by a court of competent jurisdiction in this state by compliance with the Mississippi

https://law.justia.com/codes/mississippi/2018/title-93/chapter-17/article-1/section-93-17-3/

only by the following persons, but not before seventy-two (72) hours after the birth of the child:

(a) The parents, or parent, if only one (1) parent, though either be under the age of twenty-one (21) years;

(b) If both parents are dead, then any two (2) adult kin of the child within the third degree computed

according to the civil law; if one of such kin is in possession of the child, he or she shall join in the

petition or be made a party to the suit; or

(c) The guardian ad litem of an abandoned child, upon petition showing that the names of the parents of

the child are unknown after diligent search and inquiry by the petitioners. In addition to the above, there

shall be made parties to any proceeding to adopt a child, either by process or by the filing of a consent to

the adoption proposed in the petition, the following:

(i) Those persons having physical custody of the child, except persons who are acting as foster parents as

(ii) Any person to whom custody of the child may have been awarded by a court of competent jurisdiction

child in foster care, either by agreement or by court order.

(2) The consent may also be executed and filed by the duly authorized officer or representative of a home

to whose care the child has been delivered. The child shall join the petition by the child’s next friend.

(3) If consent is not filed, process shall be had upon the parties as provided by law for process in person

or by publication, if they are nonresidents of the state or are not found therein after diligent search and

inquiry, the court or chancellor in vacation may fix a date in termtime or in vacation to which process

may be returnable and shall have power to proceed in termtime or vacation. In any event, if the child is

more than fourteen (14) years of age, a consent to the adoption, sworn to or acknowledged by the child,

shall also be required or personal service of process shall be had upon the child in the same manner and in

the same effect as if the child were an adult.

domestic abuse protection order on behalf of any minor children or any person alleged to be incompetent

by filing a petition with the court alleging abuse by the respondent. Cases seeking relief under this chapter

shall be priority cases on the court’s docket and the judge shall be immediately notified when a case is

filed in order to provide for expedited proceedings.

(2) A petition seeking a domestic abuse protection order may be filed in any of the following courts:

municipal, justice, county or chancery. A chancery court shall not prohibit the filing of a petition which

does not seek emergency relief on the basis that the petitioner did not first seek or obtain temporary relief

in another court. A petition requesting emergency relief pending a hearing shall not be filed in chancery

court unless specifically permitted by the chancellor under the circumstances or as a separate pleading in

an ongoing chancery action between the parties. Nothing in this section shall:

(3) The petitioner in any action brought pursuant to this chapter shall not bear the costs associated with its

witness subpoena. If the court finds that the petitioner is entitled to an order protecting the petitioner from

abuse, the court shall be authorized to assess all costs including attorney’s fees of the proceedings to the

respondent. The court may assess costs including attorney’s fees to the petitioner only if the allegations of

abuse are determined to be without merit and the court finds that the petitioner is not a victim of abuse as

defined by Section 93-21-3.

https://law.justia.com/codes/mississippi/2018/title-93/chapter-21/article-1/section-93-21-7/