Mississippi Courts have not historically favored Joint Custody. A new Bill would require a presumption of Joint Custody is best for a child, that would have to be overcome if a parent doesn’t agree…

Senate Bill 2484 seeks to amend the current custody statute 93-5-24, as follows: “

(2) * * * (a) (i) There shall be a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child. If the court does not grant joint custody and/or equally shared parenting time, the court shall construct a parenting time schedule which maximizes the time each parent has with the child and ensures the best interest of the child is met.
(ii) The presumption created in subparagraph (i) of this paragraph shall be rebuttable by a preponderance of the evidence. A court that does not award joint custody with equally shared parenting time shall document the reasons for deviating from the presumption.
(b) Upon petition of both parents, the court may grant
legal and/or physical custody to one (1) parent.”

This is an interesting Bill and in theory how Custody determinations should begin anyway. However, it goes further than current law in creating a rebuttable presumption and then requiring documenting the reasons for deviating from the presumption if the court does not grant joint physical custody and/or equally shared parenting time.

Read more about the current law and Physical Custody here.

Read more about Legal Custody here.

Matthew Thompson is a child custody lawyer and believes mom and dad coparenting and working together is what’s best for the child. A set schedule based on the child, with flexibility when warranted is what is best…