In Mississippi, Grandparents are allowed to petition the court for visitation if they are the parents of (1) a non-custodial parent, (2) a parent whose parental rights have been terminated or (3) a deceased parent.

A grandparent may petition for visitation outside of the above situations if a “viable” grandparent-grandchild relationship exists, and if the grandparent has been “unreasonably” denied visitation. The viable relationship with the grandchild must have already existed before the grandparents file their petition.

Overall, the court will consider the best interest of the child. Mississippi statutes do not spell out any factors to be considered in determining best interest in the context of grandparent‘s visitation, but the Mississippi Supreme Court has listed ten factors. These include:

-Any disruption caused by visitation with the grandparents
-The suitability of the grandparent’s home
-The age of the child
-The age and both the physical and mental health of the grandparents
-Any emotional ties between grandparent and grandchild
-The grandparent’s moral fitness
-The physical distance between the child’s home and the grandparent’s
-Any undermining of the parent’s discipline by the grandparent
-Any responsibilities associated with the employment of the grandparent
-The grandparent’s willingness to accept the parent’s child-rearing decisions.