How best to divide parenting time and responsibilities (known generally as “child custody”) during divorce often depends on a number of factors unique to each family. While the gender of each parent shouldn’t be one of them, many fathers still feel that they’re at a disadvantage over their child’s mother when it comes to these decisions.
In an effort to recognize that children are usually better off when parents participate in their upbringing, Mississippi recently joined the growing number of states that have made a 50-50 custody split the default option.
A “rebuttable presumption”
The law, which is not retroactive to cases prior to July 1 of this year, doesn’t mandate that child custody be divided equally between parents. It creates a “rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child.”
That means if one parent is seeking primary or sole custody of their child against the wishes of the other parent, they need to make their case for why that’s in the child’s best interests. If a judge determines that a 50-50 custody arrangement is not in a child’s best interests, they need to state their reasons.
This puts the burden of proof on the person who believes equally shared custody isn’t right in their case rather than on a parent who is simply seeking a 50-50 arrangement against their co-parent’s wishes. Under the law, “joint custody” refers to both physical and legal custody, which encompasses both where the child spends their time and who makes crucial decisions on their behalf.
Flexibility within the law
There are many reasons why a 50-50 arrangement isn’t workable – for example, if one parent has to travel frequently on business. The law notes that if both parents agree on something other than a 50-50 arrangement for physical and/or legal custody, the court may grant it “without documenting a reason for deviation.”
Children’s needs change considerably as they get older. What is best when their parents first divorce may not continue to be in their best interests. The law states that the 50-50 rebuttable presumption applies only to any temporary custody order and the initial “final” custody order but not to any future modifications.
Knowing the law is crucial to divorcing parents, whether they’re able to negotiate custody and other agreements with the help of their legal representatives or have to leave the decision to a judge. Having sound legal guidance can help them protect and assert their rights and work toward what is best for their child.
