Kyle Robertson, PLLC

09/01/2026

CAN A CHILD’S PREFERENCE CHANGE AN EXISTING CUSTODY ORDER IN MISSISSIPPI?

Last week, I explained how a child’s preference may be considered when a Mississippi court is making an initial custody determination. But what happens when custody has already been decided and there is a custody order in effect?

The answer is different.

When there is already a custody order in place, a child does not get to reopen the case simply by turning twelve and deciding that he or she would rather live with the other parent. Courts place great importance on stability and continuity in a child’s life. For that reason, changing an existing custody order generally requires more than showing that the child now prefers a different home.

Ordinarily, the parent seeking modification must prove:

1. There has been a material change in circumstances since the prior custody order;
2. The change has adversely affected the child; and
3. A change in custody is in the child’s best interests.

Only after the required material change and adverse effect have been established does the court ordinarily reconsider the child’s best interests under the Albright factors.

A mature child may be able to explain changes in the home, problems affecting the child’s welfare, or reasons that support a different custody arrangement. But the preference, alone, cannot be the material change in circumstances, and it does not control the judge’s decision.

The reasons behind the preference also matter. Wanting fewer rules, a later curfew, or less discipline is very different from describing instability, serious conflict, neglect, or circumstances that are harming the child. The court must look beyond which parent the child names and consider why the child prefers a change.

Parents should also be careful not to pressure a child to choose sides. Custody decisions belong to adults and, ultimately, to the court. A child should be heard when appropriate, but should not be made responsible for the outcome of the case.

The important distinction is this: In an initial custody case, the court is deciding custody for the first time. In a modification case, the court is being asked to disturb an existing order. The child’s preference may be part of that decision, but it is not a shortcut around the legal requirements for modification.

Every custody case is different. This post provides general information and is not legal advice for any particular case.

If you have questions about whether an existing Mississippi custody order may be modified, contact Kyle Robertson, PLLC at (601) 649-3661 to schedule a consultation.

Kyle Robertson, PLLC
Family Law Attorney
Laurel, Mississippi
(601) 649-3661

08/26/2026

CAN A CHILD CHOOSE WHICH PARENT TO LIVE WITH IN MISSISSIPPI?

“Just wait until you turn twelve and you can decide which parent you want to live with…..”

Have you ever heard that before? It’s just not that simple.

In an initial custody determination, a Mississippi court considers a number of factors in deciding what custody arrangement is in the child’s best interests. These are commonly called the Albright factors.

One of those factors may be the preference of a child who is twelve years of age or older. That means an older child can have a meaningful voice in the process—but the child does not get to make the final decision.

The child’s preference is only one part of the court’s overall analysis. The judge may also consider the child’s age and maturity, the reasons for the preference, each parent’s ability to care for the child, the stability of each home, the child’s relationship with each parent, and the other circumstances affecting the child’s best interests.

Mississippi law also requires the judge to explain on the record why the child’s wishes were or were not honored. So the preference matters. It simply does not control the outcome.

There is also an important difference between an initial custody determination and a request to change an existing custody order. When custody has already been decided, a child’s preference does not automatically allow the court to reconsider custody. I will address that issue separately in the next article.

Every custody case is different. This post provides general information and is not legal advice for any particular case.

Kyle Robertson, PLLC
Family Law Attorney
Laurel, Mississippi
(601) 649-3661

08/25/2026

Welcome to the updated page for Kyle Robertson, PLLC.

My practice is based in Laurel, Mississippi, and represents clients throughout Mississippi in:

• Divorce, child custody and child support matters
• Adoptions, guardianships and other chancery-court proceedings
• Workers’ compensation claims
• Car wreck and personal-injury cases

Legal problems are personal. My goal is to provide experienced, practical representation while making sure every client understands the process and the decisions ahead.

To schedule a consultation, call (601) 649-3661 or visit dkylerobertson.com.

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