Many divorcing parents prefer to work out a shared child custody arrangement and other parenting details on their own, with the help of their legal representatives, as opposed to having a judge decide these highly personal matters.
Unfortunately, sometimes parents disagree strongly with one another about what is best for their children. For example, one parent may believe that they should have sole or at least primary custody of the children.
When judges have to decide child custody matters, they need to follow state law. Currently, under Mississippi law, child custody is determined on a case-by-case basis. That’s how it’s done in most states. Those opposed to the way the law is currently written contend that it favors mothers over fathers.
What would the proposed change in the law do?
That could change if a bill that’s currently being considered by the state legislature passes and is signed by the governor. The proposed legislation would amend the current law to create a “rebuttable presumption” that equally shared joint custody is what’s best for a child. It states, “A court that does not award joint custody with equally shared parenting time shall document the reasons for deviating from the presumption.”
If the law is changed, a parent who believes they should get primary or sole custody would have the burden of proving to the court “by a preponderance of the evidence” that this would be in the child’s best interests rather than 50-50 shared custody. Among the criticisms of the legislation is the argument that this could make divorces more expensive, lengthy and combative.
Under the current law, judges are given 12 factors to consider when awarding custody, including who the children’s primary caregiver was during the marriage and the work responsibilities of each parent. The representative behind the bill says variables like those tend to put fathers at a disadvantage.
While the bill has considerable support in the state legislature, it remains to be seen whether it passes and the law is amended. What’s important, regardless of the outcome of this legislation, is for anyone considering or already facing divorce to partner as soon as possible with an experienced legal professional who can help them use the law to their advantage as they seek the best possible outcome for their children and themselves.
