Mississippi 2024 Regular Session

Mississippi Senate Bill SB2527

Introduced
2/16/24  
Refer
2/16/24  

Caption

Custody; create rebuttable presumption of joint custody with equal parenting time.

Impact

The introduction of this presumption in favor of joint custody represents a significant shift in Mississippi family law. It encourages parents to engage more collaboratively in parenting, ensuring that children can maintain meaningful relationships with both parents. This change seeks to protect the best interests of the child by promoting equal time spent with each parent. However, the presumption can be rebutted if one parent provides sufficient evidence to the contrary, allowing courts to still prioritize the child’s welfare based on individual circumstances.

Summary

Senate Bill 2527 proposes an amendment to Section 93-5-24 of the Mississippi Code, instituting a rebuttable presumption in favor of joint custody with equal parenting time in all custody matters. The bill aims to standardize custody decisions in the state by making joint custody the default position, thereby simplifying the process for families involved in custody disputes. Under this legislation, if a court decides against joint custody, it is required to document the reasons for doing so, ensuring greater accountability and clarity in custody rulings.

Conclusion

Overall, SB2527 is a progressive approach to custody arrangements in Mississippi, reflecting a growing recognition of the importance of both parents in a child's life following separation or divorce. However, the true effectiveness of this law will depend on its implementation and the ability of courts to balance ideal custody arrangements with the realities of individual family situations.

Contention

Notably, there may be points of contention regarding cases involving domestic violence or other concerns that could affect the child's welfare. Critics of the bill might argue that the rebuttable presumption could inadvertently lead to scenarios where children are placed with parents who pose a risk due to a history of violence or instability. As the bill requires documentation from the courts when deviating from the presumption, this requirement is intended to address any possible discrepancies between the presumption and the individual facts of a custody case.

Companion Bills

No companion bills found.

Previously Filed As

MS HB1257

Parental alienation; reduce by requiring court hearings within a certain amount of time to modify or terminate custody.

MS HB424

Sex offenders and child custody; revise guidelines regarding the best interest of the child in cases of.

MS HB685

Deeds to married couples; create a rebuttable presumption of joint tenancy with rights of survivorship.

MS SB2202

Child support; create presumption that support continues past the age of majority for a disabled child.

MS HB499

Grandparent visitation; revise to include great-grandparents.

MS SB2377

CPS; enact Mississippi Safe Haven Law, establish clear path to permanency for children in custody of.

MS HB1115

Durable legal custody; clarify jurisdiction for.

MS SB2640

CPS; revise certain provisions to establish clear path to permanency for children in custody of.

MS HB814

Custodial interrogations; authorize electronic recording of.

MS HB888

Child support; authorize for disabled child past the age of majority.

Similar Bills

CA AB2629

Juveniles: dismissals.

CA SB1129

Spousal support award: convictions.

CA AB1375

Consideration when determining child custody: human trafficking.

MS SB2484

Custody; create rebuttable presumption of joint custody with equal parenting time.

WV HB4316

To modify portions of the Best Interest of the Child Act

WV SB463

Best Interests of Child Protection Act of 2022

WY HB0156

Best interests of a child-gender affirming treatments.

CA AB1579

Family law omnibus.