House Bill 1304 seeks to amend section 93-5-24 to allow JOINT CUSTODY to be awarded in any type of divorce, requires the court to make written findings on the record regarding its custody decision, and order parenting time that favors both parents equally.

I say weird because, #1 the court already makes written findings in contested custody matters, #2 if its agreed/settled there’s no need for written findings, #3 if the court finds one parent is the better parent and therefore better for the children this law still requires equal time… what’s the point in the custody determination? #4 The statute states if a parent is awarded “paramount” physical custody. There is no “paramount” physical custody under our law.

Perhaps, this is a misunderstanding or intentional, I am unsure…

Below is the specific language.

(2) Joint custody may be awarded where irreconcilable differences or any other ground is the ground for divorce * * *.

(3) * * * After a trial on the merits where custody is in dispute, the court shall make a finding on the record, if the court awards either parent paramount physical custody over the other parent, the court shall order a parenting time schedule that favors both parents equally subject to the best interests of the child.

My prediction? This BILL is DOA. Dead on Arrival.

Matthew Thompson is a child custody lawyer and handles matters regarding physical custody and perhaps even “paramount” physical custody…