Parental Rights in Mississippi


Mississippi Parental Rights News

By N/A N/A August 6, 2026
August is one of my favorite months because I get to see supporters like you start to create the legislative landscape of the coming year. It was in August of 2017 that volunteer Patti Sullivan first reached out to her state lawmaker, then-Rep. Erin Grall, to propose a parental rights bill in Florida. Rep. Grall told her she could give her 20 minutes; that turned into a two-and-a-half hour conversation. Now-Senator Grall, an attorney by trade, turned our humble fundamental parental rights model into a full-scale Parents’ Bill of Rights. And in 2021, it passed the legislature and was signed it into law. In 2018, we launched our “Resolutionary” campaign, and volunteer Esther in Indiana responded by reaching out to her lawmakers about a parental rights resolution. Her efforts brought in other nonprofit organizations in the state as the resolution morphed into a parental rights bill that passed in 2025. As amazing as these results were, the fact is that both ladies started out just like you. They read our newsletter because they cared about their families and about parental rights for all of us. But they didn’t stop at reading. They took the next step: they reached out to their lawmakers with language we provided and started a conversation about what is best for families. This year can be your turn! Perhaps, like Patti and Esther, you could take our model policies to your state lawmakers and ask them to champion a bill this coming session. For some lawmakers, election year means an arduous campaign will define the next three months. If we wait for that dust to settle before sharing a model with them, though, the legislative session will be right on top of us. And many lawmakers don’t have that concern because they are strong front-runners, or even running unopposed. So, the time to reach your lawmakers with a parental rights model is right now, this month, before campaigns get too crazy. A Model to Fit Every State Red states might be interested in our Fundamental Parental Rights model , which establishes in the legal code that parental rights are fundamental rights and that the state’s courts must apply strict judicial scrutiny —the highest level of review—to cases involving parental rights. Blue states might want to take up our Child Protection Investigations Reform Act , which requires child welfare investigators to notify parents of their rights from the very start of a child abuse or neglect investigation. And nearly any state in the country could take up our Confidential Reporting model , which has already been adopted, notably, in “very Red” Texas and “very Blue” New York. (California also has a version of this protection; the other 47 states are all fair game to take up the measure in 2027!) This model would require a state’s child abuse hotline to collect personally identifiable information like name and address from anyone calling in an allegation of child abuse or neglect. This will greatly reduce the “weaponization” of the System that is rampant across the country. Other available models address Family Rights in Medical Investigations , providing Central Registry Due Process , Reasonable Childhood Independence , and Due Process for Families Facing Potential Separation (i.e. Hidden Foster Care). Every model was drafted with input from friends on both sides of the political aisle and boasts the support of both right-leaning and left-leaning organizations. And each one has been adopted as a model policy by the American Legislative Exchange Council (ALEC), a conservative group of organizations and Republican state lawmakers who look to shape policy across the country. What to Do, Step-by-Step First, identify your state lawmakers and secure their contact information. In most states, you’ll have one state senator and one representative, delegate, or assemblyman. (In Nebraska, you just have one senator.) Next, see what you can learn about them in a Google search. Maybe one of these models touches on a topic that their voting record shows is already deeply important to them! Set up a time to visit with them. Take one of our models with you as a starting point. (You can take more in case a subject comes up, but start with just one so you don’t overwhelm them!) Ask them their position on parental rights and if they would consider championing our model in the coming session. If they say “no,” that is not the end! Ask them instead if they know another lawmaker passionate about this issue. (We have gotten many great champion connections this way!) Alternatively, ask them if they would be open to a different model, or to revisit this model at a later time. Finally, when you get home, send them an email or a postcard thanking them for their time and attention. Ultimately you want to build a relationship with them, as this will pay off huge dividends down the road. Listen: everyone who enjoys those key relationships with their lawmakers today started off just reaching out for the first time. Who knows? Yours could be the next great parental rights success story. Why not let it begin this August? Thank you for standing with us to protect children by empowering parents through positive legislation in your state , coming in 2027!

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Mississippi State Law

At Risk

Mississippi does not have a state statute that explicitly defines and protects parental rights as fundamental rights.


Legislative efforts 2017: MS HC2 (Rep. Moore) was an attempt to protect parental rights in the Mississippi Constitution. It was sent to the Constitution Committee, but was not passed out.


Legislative efforts 2014: SB 2199 (Sen. Fillingane) was an effort to preserve parental rights in Mississippi statutory law. It was referred to the Senate Judiciary Committee (Division A) on Jan. 10, 2014, but was not passed out.


Legislative efforts 2013HB 496 (Rep. Chris Brown), SB 2650 (Sen. Fillingane), and HC 90 (Reps. Brown & Formby) were all efforts to protect parental rights at the state level. HB 496 passed committee but was halted before the House on a technicality. SB 2650 stalled in the Senate Judiciary committee. HC 90 passed the House by a vote of 101-11, but stalled in the Senate Rules committee.


Miss. Code Ann. § 93-16-3 is Mississippi's grandparent visitation statute.

  • It applies only to grandparents.
  • It applies only in cases of death or termination of parental rights.
  • It applies only when the grandparent has "established a viable relationship with the child," the parent has "unreasonably denied the grandparent visitation rights with the child," and visitation would be in the child's best interests.


Miss. Code Ann. § 37-13-173 requires parental notification and allows parental opt-out for sex education in the public schools. See also Miss. Code Ann. § 41-79-5(10).


Miss. Code Ann. § 37-23-137(2): "If the parent of a child with a disability refuses consent for the evaluation, the local educational agency may continue to pursue an evaluation by utilizing the due process hearing procedures under IDEA, except to the extent these are not in conflict with Mississippi law relating to parental consent."


Miss. Code Ann. § 41-41-53 requires parental consent before a minor can get an abortion, subject to judicial bypass.



Miss. Code Ann. § 41-42-7 allows doctors to give contraceptive supplies and information to unmarried minors without parental consent when the minor is referred to the doctor by "another physician, a clergyman, a family planning clinic, a school or institution of higher learning, or any agency or instrumentality of this state or any subdivision thereof."

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Mississippi Courts

"Strict Scrutiny" Applied to Parental Rights


However, this precedent is subject to change.


Smith v. Wilson, 90 So. 3d 51 (Miss.2012):

  • "Mississippi's grandparent-visitation statute is narrow, allowing grandparents (not any person) to seek visitation only under certain circumstances." In addition, the "factors set forth in Martin [v. Coop] specifically prohibit a Chancellor from ordering visitation which would interfere with a parent's right to rear his or her children." Therefore, Mississippi's grandparent-visitation statute is distinguishable from the Washington statute truck down in Troxel and is not unconstitutional.
  • "But unfitness is not required to award grandparent visitation." Id. at 60.


D.M. v. D.R., 62 So. 3d 920 (Miss.2011):

  • Granville held that "a state statute regulating visitation rights must meet strict scrutiny before interfering with a parent's right to control a child's upbringing."
  • In all cases involving child custody, including modification, the polestar consideration is the best interest and welfare of the child.
  • Generally, it is presumed that the best interests of the child are served by remaining in the custody of the natural parent.
  • Biological mother was not entitled to the natural parent presumption, in child custody modification proceeding in which paternal grandparents had been awarded custody of child; mother forfeited her right to the natural parent presumption when she voluntarily relinquished custody of child and allowed maternal grandparents to adopt child, and the deaths of maternal grandparents did not “reinstate” mother's parental rights to child.


Woodell v. Parker, 860 So. 2d 781 (Miss.2003):

  • Mississippi's grandparent visitation statute is constitutional.
  • Adoptive parents are not entitled to the Troxel presumption.


Pruitt v. Payne 14 So. 3d 806 (2009Miss.App):

  • There is a general presumption that a parent who is fit will act in the best interest of his or her child; a court must accord some special weight to a fit parent's determination of a child's best interests.
  • Parents with custody have a paramount right, protected by the Due Process Clause, to control the environment, physical, social, and emotional situations to which their children are exposed.
  • Generally, a court will not grant visitation rights to grandparents or third parties over the objection of a fit custodial parent.
  • In Mississippi, a finding of unfitness is necessary to award custody to a third party over a natural parent.