Mississippi 2023 Regular Session

Mississippi House Bill HB1257

Introduced
1/16/23  
Refer
1/16/23  

Caption

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

Impact

The implications of HB 1257 are significant for family law in Mississippi. By expediting the court process for custody issues, the bill seeks to prevent extended periods of separation from children during critical military service times. It aims to ensure that children maintain relationships with both parents by accommodating the unique challenges faced by military families, thus attempting to balance parental rights with the welfare of the child. Such legislative changes reflect an awareness of the familial strains resulting from military service.

Summary

House Bill 1257 aims to amend the Mississippi Code of 1972, specifically sections related to custody and visitation matters, with the goal of reducing parental alienation, particularly for military parents. The bill mandates that any petition for modification or termination of custody or visitation rights must be addressed in a timely manner, requiring a hearing to take place within 45 days of filing. It places a strong emphasis on the best interest of the child while clarifying the responsibilities of both parents, especially during instances of deployment or temporary duty.

Contention

Despite the potential benefits, the bill may generate debate over how effectively it addresses the nuances of parental rights versus military obligations. Opponents might argue that the expedited processes could compromise thoroughness in legal evaluations while addressing the varying circumstances of each case. Additionally, provisions concerning the delegation of visitation rights during a parent's absence could raise concerns regards who holds the authority in decision-making for the child's welfare and how their rights may be affected.

Companion Bills

No companion bills found.

Previously Filed As

MS HB783

Child custody; require presumption of joint custody and equal parenting time.

MS SB2484

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

MS SB2527

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

MS SB1761

Child custody; modifying requirements for certain presumption; requiring certain hearing upon allegations of certain offenses. Effective date.

MS SB495

Child custody; modifying procedures for certain court hearings to determine child custody and visitation. Effective date.

MS HB1559

Termination of parental rights; revise various provisions relating to.

MS HB1292

Child custody; create rebuttable presumption that equal (50-50) joint custody is in best interest of the child.

MS HB1304

Joint custody of children; authorize for any type of divorce.

MS SB901

Child custody; modifying requirements for certain presumption; requiring court to consider certain factors. Effective date.

MS HB1326

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

Similar Bills

MS HB1388

Divorce and alimony; bring forward statutes relating to.

MS HB783

Child custody; require presumption of joint custody and equal parenting time.

MS SB2037

Child support award; cost of health insurance coverage obtained by noncustodial parent considered in determining.

MS SB2202

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

MS SB2341

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

MS HB1066

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

MS SB2131

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

MS SB2452

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