reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 25 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 93-25-1 — 93-25-903) › Article 7 - SUPPORT PROCEEDING UNDER CONVENTION (§§ 93-25-701 — 93-25-713) › Section 93-25-708 - Recognition and enforcement of registered Convention support order

(a)
Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order.
(b)
The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:
(1)
Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2)
The issuing tribunal lacked personal jurisdiction consistent with Section
93-25-201
;
(3)
The order is not enforceable in the issuing country;
(4)
The order was obtained by fraud in connection with a matter of procedure;
(5)
A record transmitted in accordance with Section
93-25-706
lacks authenticity or integrity;
(6)
A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(7)
The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state;
(8)
Payment, to the extent alleged arrearages have been paid in whole or in part;
(9)
In a case in which the defendant neither appeared nor was represented in the proceeding in the issuing foreign country:
(A)
If the law of that country provides for prior notice of proceedings, the defendant did not have proper notice of the proceedings and an opportunity to be heard; or
(B)
If the law of that country does not provide for prior notice of the proceedings, the defendant did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10)
The order was made in violation of Section
93-25-711
.
(c)
If a tribunal of this state does not recognize a Convention support order under subsection (b)(2), (4), or (9):
(1)
The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(2)
The Department of Human Services shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under Section
93-25-704
.
Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 25 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 93-25-1 — 93-25-903) › Article 7 - SUPPORT PROCEEDING UNDER CONVENTION (§§ 93-25-701 — 93-25-713) › Section 93-25-709 - Partial enforcement

If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 25 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 93-25-1 — 93-25-903) › Article 7 - SUPPORT PROCEEDING UNDER CONVENTION (§§ 93-25-701 — 93-25-713) › Section 93-25-710 - Foreign support agreement

(a)
Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(b)
An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1)
A complete text of the foreign support agreement; and
(2)
A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c)
A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d)
In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1)
Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2)
The agreement was obtained by fraud or falsification;
(3)
The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or
(4)
The record submitted under subsection (b) lacks authenticity or integrity.
(e)
A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 25 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 93-25-1 — 93-25-903) › Article 7 - SUPPORT PROCEEDING UNDER CONVENTION (§§ 93-25-701 — 93-25-713) › Section 93-25-711 - Modification of Convention child-support order

(a)
A tribunal of this state may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1)
The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2)
The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b)
If a tribunal of this state does not modify a Convention child-support order because the order is not recognized in this state, Section
93-25-708(c)
applies.
Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 25 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 93-25-1 — 93-25-903) › Article 7 - SUPPORT PROCEEDING UNDER CONVENTION (§§ 93-25-701 — 93-25-713) › Section 93-25-712 - Personal information; limit on use

Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.
Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 25 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 93-25-1 — 93-25-903) › Article 7 - SUPPORT PROCEEDING UNDER CONVENTION (§§ 93-25-701 — 93-25-713) › Section 93-25-713 - Record in original language; English translation

A record filed with a tribunal of this state under this article must be in the original language and, if not in English, must be accompanied by an English translation.
Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 25 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 93-25-1 — 93-25-903) › Article 8 - INTERSTATE RENDITION (§§ 93-25-801 — 93-25-802) › Section 93-25-801 - Grounds for rendition

(a)
For purposes of this chapter, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(b)
The governor of this state may:
(1)
Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2)
On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c)
A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 25 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 93-25-1 — 93-25-903) › Article 8 - INTERSTATE RENDITION (§§ 93-25-801 — 93-25-802) › Section 93-25-802 - Conditions of rendition

(a)
Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
(b)
If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c)
If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the complainant prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 25 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 93-25-1 — 93-25-903) › Article 9 - MISCELLANEOUS PROVISIONS (§§ 93-25-901 — 93-25-903) › Section 93-25-901 - Uniformity of application and construction

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.
Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 25 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 93-25-1 — 93-25-903) › Article 9 - MISCELLANEOUS PROVISIONS (§§ 93-25-901 — 93-25-903) › Section 93-25-902 - Transitional provision

This chapter applies to proceedings begun on or after July 1, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 25 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 93-25-1 — 93-25-903) › Article 9 - MISCELLANEOUS PROVISIONS (§§ 93-25-901 — 93-25-903) › Section 93-25-903 - Severability

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 1 - GENERAL PROVISIONS (§§ 93-27-101 — 93-27-112) › Section 93-27-101 - Short title

The provisions of this chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
Laws, 2004, ch. 519, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 1 - GENERAL PROVISIONS (§§ 93-27-101 — 93-27-112) › Section 93-27-103 - Proceedings governed by other law

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Laws, 2004, ch. 519, § 3, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 1 - GENERAL PROVISIONS (§§ 93-27-101 — 93-27-112) › Section 93-27-104 - Application to Indian tribes

(1)
A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 USCS Section 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
(2)
A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2.
(3)
A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.
Laws, 2004, ch. 519, § 4, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 1 - GENERAL PROVISIONS (§§ 93-27-101 — 93-27-112) › Section 93-27-105 - International application

(1)
A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2.
(2)
Except as otherwise provided in subsection (3), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.
(3)
A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
Laws, 2004, ch. 519, § 5, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 1 - GENERAL PROVISIONS (§§ 93-27-101 — 93-27-112) › Section 93-27-106 - Effect of child-custody determination

A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section
93-27-108
or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard.
As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Laws, 2004, ch. 519, § 6, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 1 - GENERAL PROVISIONS (§§ 93-27-101 — 93-27-112) › Section 93-27-107 - Priority

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
Laws, 2004, ch. 519, § 7, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 1 - GENERAL PROVISIONS (§§ 93-27-101 — 93-27-112) › Section 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 state in which the service is made.
(3)
Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Laws, 2004, ch. 519, § 8, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 1 - GENERAL PROVISIONS (§§ 93-27-101 — 93-27-112) › Section 93-27-109 - Appearance and limited immunity

(1)
A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(2)
A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(3)
The immunity granted by subsection (1) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.
Laws, 2004, ch. 519, § 9, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 1 - GENERAL PROVISIONS (§§ 93-27-101 — 93-27-112) › Section 93-27-110 - Communication between courts

(1)
A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
(2)
The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(3)
Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(4)
Except as otherwise provided in subsection (3), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(5)
For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Laws, 2004, ch. 519, § 10, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 1 - GENERAL PROVISIONS (§§ 93-27-101 — 93-27-112) › Section 93-27-111 - Taking testimony in another state

(1)
In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(2)
A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(3)
Documentary evidence transmitted from another state to a court of this state by technological means which do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Laws, 2004, ch. 519, § 11, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 1 - GENERAL PROVISIONS (§§ 93-27-101 — 93-27-112) › Section 93-27-112 - Cooperation between courts; preservation of records

(1)
A court of this state may request the appropriate court of another state to:
(a)
Hold an evidentiary hearing;
(b)
Order a person to produce or give evidence pursuant to procedures of that state;
(c)
Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(d)
Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(e)
Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(2)
Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (1).
(3)
Travel and other necessary and reasonable expenses incurred under subsections (1) and (2) may be assessed against the parties according to the law of this state.
(4)
A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains eighteen (18) years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Laws, 2004, ch. 519, § 12, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 2 - JURISDICTION (§§ 93-27-201 — 93-27-210) › Section 93-27-201 - Initial child-custody jurisdiction

(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.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 2 - JURISDICTION (§§ 93-27-201 — 93-27-210) › Section 93-27-202 - Exclusive, continuing jurisdiction

(1)
Except as otherwise provided in Section
93-27-204
, a court of this state which has made a child custody determination consistent with Sections
93-27-201
or
93-27-203
has exclusive, continuing jurisdiction over the determination until:
(a)
A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or
(b)
A court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent currently do not reside in this state.
(2)
A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under Section
93-27-201
.
Laws, 2004, ch. 519, § 14, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 2 - JURISDICTION (§§ 93-27-201 — 93-27-210) › Section 93-27-203 - Jurisdiction to modify determination

Except as otherwise provided in Section
93-27-204
, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under Section
93-27-201(1)(a) or (b)
; and:
(a)
The court of the other state determines it no longer has exclusive, continuing jurisdiction under Section
93-27-202
or that a court of this state would be a more convenient forum under Section
93-27-207
; or
(b)
A court of this state or a court of the other state determines that neither the child, the child's parents, nor any person acting as a parent presently does not reside in the other state.
Laws, 2004, ch. 519, § 15, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 2 - JURISDICTION (§§ 93-27-201 — 93-27-210) › Section 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
93-27-201
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
through
93-27-203
. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections
93-27-201
through
93-27-203
, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(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
93-27-203
, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to Sections
93-27-201
through
93-27-203
, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Laws, 2004, ch. 519, § 16, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 2 - JURISDICTION (§§ 93-27-201 — 93-27-210) › Section 93-27-205 - Notice; opportunity to be heard; joinder

(1)
Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of Section
93-27-108
must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(2)
This chapter does not govern the enforceability of a child custody determination made without notice or 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.
Laws, 2004, ch. 519, § 17, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 2 - JURISDICTION (§§ 93-27-201 — 93-27-210) › Section 93-27-206 - Simultaneous proceedings

(1)
Except as otherwise provided in Section
93-27-204
, a court of this state may not exercise its jurisdiction under this chapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Section
93-27-207
.
(2)
Except as otherwise provided in Section
93-27-204
, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section
93-27-209
. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(3)
In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(a)
Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(b)
Enjoin the parties from continuing with the proceeding for enforcement; or
(c)
Proceed with the modification under conditions it considers appropriate.
Laws, 2004, ch. 519, § 18, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 2 - JURISDICTION (§§ 93-27-201 — 93-27-210) › Section 93-27-207 - Inconvenient forum

(1)
A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.
(2)
Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(a)
Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(b)
The length of time the child has resided outside this state;
(c)
The distance between the court in this state and the court in the state that would assume jurisdiction;
(d)
The relative financial circumstances of the parties;
(e)
Any agreement of the parties as to which state should assume jurisdiction;
(f)
The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(g)
The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(h)
The familiarity of the court of each state with the facts and issues in the pending litigation.
(3)
If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(4)
A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Laws, 2004, ch. 519, § 19, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 2 - JURISDICTION (§§ 93-27-201 — 93-27-210) › Section 93-27-208 - Jurisdiction declined because of conduct

(1)
Except as otherwise provided in Section
93-27-204
or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(a)
The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(b)
A court of the state otherwise having jurisdiction under Sections
93-27-201
through
93-27-203
determines that this state is a more appropriate forum under Section
93-27-207
; or
(c)
No court of any other state would have jurisdiction under the criteria specified in Sections
93-27-201
through
93-27-203
.
(2)
If a court of this state declines to exercise its jurisdiction pursuant to subsection (1), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections
93-27-201
through
93-27-203
.
(3)
If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection (1), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including court costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and expenses for child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.
Laws, 2004, ch. 519, § 20, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 2 - JURISDICTION (§§ 93-27-201 — 93-27-210) › Section 93-27-209 - Information to be submitted to court

(1)
Subject to any law providing for the confidentiality of procedures, addresses, and other identifying information, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(a)
Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
(b)
Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
(c)
Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(2)
If the information required by subsection (1) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(3)
If the declaration as to any of the items described in subsection (1)(a) through (c) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(4)
Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(5)
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public, unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
Laws, 2004, ch. 519, § 21, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 2 - JURISDICTION (§§ 93-27-201 — 93-27-210) › Section 93-27-210 - Appearance of parties and child

(1)
In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(2)
If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given under Section
93-27-108
include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(3)
The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(4)
If a party to a child custody proceeding who is outside this state is directed to appear under subsection (2) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Laws, 2004, ch. 519, § 22, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-302 - Enforcement under Hague Convention

Under this Article 3, a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
Laws, 2004, ch. 519, § 23, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-303 - Duty to enforce

(1)
A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(2)
A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this Article 3 are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
Laws, 2004, ch. 519, § 24, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-304 - Temporary visitation

(1)
A court of this state which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing:
(a)
A visitation schedule made by a court of another state; or
(b)
The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
(2)
If a court of this state makes an order under subsection (1)(a), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Article 2. The order remains in effect until an order is obtained from the other court or the period expires.
Laws, 2004, ch. 519, § 25, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-306 - Enforcement of registered determination

(1)
A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.
(2)
A court of this state shall recognize and enforce, but may not modify, except in accordance with Article 2, a registered child custody determination of a court of another state.
Laws, 2004, ch. 519, § 27, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-307 - Simultaneous proceedings

If a proceeding for enforcement under this Article 3 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Article 2, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Laws, 2004, ch. 519, § 28, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-309 - Service of petition and order

Except as otherwise provided in Section
93-27-311
, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.
Laws, 2004, ch. 519, § 30, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 27 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 93-27-101 — 93-27-402) › Article 3 - ENFORCEMENT (§§ 93-27-301 — 93-27-317) › Section 93-27-310 - Hearing and order

(1)
Unless the court issues a temporary emergency order under Section
93-27-204
, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(a)
The child custody determination has not been registered and confirmed under Section
93-27-305
and that:
(i)
The issuing court did not have jurisdiction under Article 2;
(ii)
The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2; or
(iii)
The respondent was entitled to notice, but notice was not given in accordance with the standards of Section
93-27-108
, in the proceedings before the court that issued the order for which enforcement is sought; or
(b)
The child custody determination for which enforcement is sought was registered and confirmed under Section
93-27-305
but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
(2)
The court shall award the fees, costs, and expenses authorized under Section
93-27-312
and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(3)
If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(4)
A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this Article 3.
Laws, 2004, ch. 519, § 31, eff. 7/1/2004.