Revision of Custody Standards in Mississippi

During May of this year the Mississippi House of Representatives passed House Bill 783, which ultimately failed in the Senate, but had it passed and been signed into law would have revised Mississippi Code Section 93-5-24 to provide a rebuttable presumption creating equal parenting time between parents.

It appears that the presumption that was sought to be created would have required a court to make a ruling to deviate from the presumption that a joint custody arrangement should be set in place between parties to children. House Bill 783 would have imposed a presumption that joint custody and equally shared parenting time is in the best interest of a child,  that joint custody and equally shared parenting time is in the best interest of the parties.

It can be disputed that the enactment of House Bill 783 would have created a presumption that was too extensive and that granting joint custody should be automatic as provided by statue. In cases involving divorce with children or the separation of parties with children it is inherent that each family dynamic is different. As such it can be argued that it is best for a chancellor presented with a custody matter to make rulings as to the custody arrangement instead of having to procedurally first acknowledge an automatic award of joint custody that would have to be rebutted.