MS HB789

Requires custodial parents seeking to relocate outside Mississippi or move a substantial distance from the noncustodial parent within the state to provide 60 days' written notice by registered or certified mail, unless the court excuses the requirement for exigent circumstances.

Allows noncustodial parents to file a petition opposing relocation within 30 days of receiving notice; if parents spend substantially equal time with the child, the court must hold an expedited hearing to determine if relocation is in the child's best interest.

Establishes a presumption that custodial parents spending greater time with the child may relocate unless the court finds the relocation lacks reasonable purpose, poses serious harm to the child, or is vindictive; specific harms include inadequate medical/educational facilities, residence with abusers, or relocation to countries without functioning legal systems.

Authorizes courts to award attorney's fees and litigation costs to either parent in relocation disputes and makes violation of relocation procedures a felony punishable by up to $2,000 fine and three years imprisonment.

Becomes effective July 1, 2011, and amends Mississippi Code sections governing divorce, custody orders, and parental kidnapping laws.