Mississippi bill would make 50-50 joint custody the default in divorces, supporters and critics say

Mississippi lawmakers are considering legislation that would make 50-50 joint custody the default in divorce cases, a change supporters say will level the playing field for fathers and critics say could harm low-income women and survivors of domestic violence, Mississippi Today reported.

Rep. Shane Aguirre, R-Tupelo and the bill’s author, told Mississippi Today he proposed the measure because he believes fathers face disadvantages in custody disputes and that children benefit from having both parents when possible. “Why not start where we’re going to be 50-50 at the beginning?” Aguirre said. “And then if we have an issue with the dad who’s got problems, or mom she’s got problems, we can adjust it.” Mississippi Today said only five states currently have similar presumptions.

Experts and family law attorneys questioned the change. Douglas NeJaime, a family law professor at Yale Law School, said a default of shared custody could obscure the nuances of individual cases. “Families come in all shapes and sizes,” NeJaime said. “It’s not clear that a presumption of shared custody is going to promote the interests of children.” Five Mississippi family and divorce lawyers told Mississippi Today the legislation was unnecessary, and four called it harmful.

Longtime family lawyer Mark Chinn said the measure could force more women into court. “I think it’ll be used to put more women in court than should be,” Chinn said. Matthew Thompson, who practices family law in Madison and teaches at Mississippi College School of Law, noted current state law already presumes mothers and fathers are equally entitled to custody and that judges weigh 12 factors, including employment and prior caregiving, in custody decisions.

Former Rankin County Judge John Grant said the presumption would still allow sole custody in many cases but would require parents to overcome the default and could increase litigation. He called it “false hope in most cases to fathers.” Mississippi advocates cited problems in other states. The Wall Street Journal reported that Kentucky’s joint custody presumption has in some cases compelled victims to interact with violent ex-spouses. Joy Jones, director of the Mississippi Coalition Against Domestic Violence, said she is not categorically opposed but wants explicit domestic violence exceptions and worries about placing the burden of proof on victims. “The victim might go back to ensure that they can watch and see what’s happening with their children,” Jones said. Attorney Jak Smith said increased litigation would benefit lawyers but could harm clients. “I will make more money if this law passes, but it’s wrong,” Smith said.

Mississippi Today reported the House must bring the bill up for a vote by Thursday. If it passes the House, the measure would be sent to Gov. Tate Reeves, and the House could also seek further debate with the Senate, the report said.

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