Lawmakers sent a bill to Gov. Tate Reeves Wednesday that would make 50-50 joint custody the legal presumption in Mississippi divorce cases, Mississippi Today reported. If Reeves signs the measure, chancery court judges would be required to favor equal parenting time, though parents could present evidence to show that arrangement is not in a child’s best interest. The legislation would take effect in July and would not apply when parents agree to a different arrangement outside court, Mississippi Today said.
Supporters said the bill will create equal opportunities for fathers who they say have faced bias in custody decisions, Mississippi Today reported. Critics said the measure would be less equitable for vulnerable women and children, including breastfeeding infants and survivors of domestic violence. Rep. Omeria Scott, D-Laurel, told Mississippi Today that mothers develop a special bond with babies and was one of eight House members who voted against the bill.
Rep. Dana McLean, R-Columbus, urged colleagues on the House floor to reconsider, saying the presumption could separate breastfeeding infants from their mothers soon after hospital discharge. “We’re talking about breastfeeding babies just coming home from the hospital,” she said, according to Mississippi Today. Rep. Joey Hood, R-Ackerman, who chaired the House Judiciary A Committee where the bill originated, said judges would still have authority to override the presumption and do what is in the child’s best interest, Mississippi Today reported.
On the Senate floor, Sen. Brice Wiggins, R-Pascagoula, said several other states have adopted a joint custody presumption. Sen. Hob Bryan, D-Amory, noted that Wiggins named only “four or five” states, saying that meant most states do not have such a law. Wiggins said Mississippi would be ahead of the trend, according to Mississippi Today. In 2017, Kentucky became the first of five states to adopt a joint custody presumption, and The Wall Street Journal reported subsequent instances in which that standard led to harmful interactions between victims and violent ex-partners.
The proposed law would not apply when a court finds a history of violence by one parent, but that finding would require a preponderance of evidence, meaning attorneys must show it is more likely than not that violence occurred, Mississippi Today reported. Sen. Bradford Blackmon, D-Canton, changed his vote after hearing from several chancery court judges who told him they did not want to be boxed into a specific custody ruling. “I don’t know why I, as a legislator that does not practice in that area … would try to override their expertise,” he told Mississippi Today.
Eight family attorneys and chancery court judges told Mississippi Today they believe the current system is more fair and that the new presumption would set a dangerous precedent. Kelly Williams, a Ridgeland attorney and child-welfare law specialist certified by the National Association of Counsel for Children, said fathers are not receiving an unfair shake and that primary caregiving history and emotional ties explain custody outcomes, Mississippi Today reported.
Jon Ross Myers is the executive editor and publisher of the Mississippi News Network, Mississippi's largest digital only media company. He can be reached at editor@tippahnews.com
