Mississippi bill proposing mandatory joint custody faces opposition from legal experts
Attorneys and judges across Mississippi are opposing a bill that would establish joint custody as the standard in all divorce cases. The legislation, which exists in only five other states, could impact tens of thousands of parents if enacted, according to critics.
Proponents argue the bill would create fairness for fathers and allow courts to award sole custody when appropriate. However, family lawyers and legal experts say overriding a presumption of joint custody will be difficult and may deny vulnerable parents custody arrangements that serve their children’s best interests.
John Hatcher, a Booneville-based attorney and former chancery court judge, told Mississippi Today he believes the bill is well-intentioned but would be a “travesty” if passed. He argued that courts should provide impartial hearings without presuming equal parenting rights, emphasizing that children are not property and should not be treated as such.
Hatcher also questioned the bill’s constitutionality, suggesting it could diminish the authority of Mississippi courts, which have jurisdiction over divorce and child custody matters under state law. Critics say the legislation appears to challenge the court’s role as the primary guardian in family law cases.
Eight family attorneys interviewed by Mississippi Today unanimously opposed the bill. Most said it would be detrimental to women and children. Mack Varner, a family law practitioner with 50 years of experience, criticized the bill’s author, a non-attorney legislator, saying it reflects a lack of legal understanding. He expressed concern that the law could enable fathers to avoid child support obligations.
One mother, Pamela Stokes of Madison, shared her experience of a decade-long custody battle after her divorce in 2006. Although she initially agreed on joint custody, her children primarily lived with her due to her ex-husband’s alcohol issues. Court records show the ex-husband was ordered to undergo substance testing, but he did not respond to requests for comment. Stokes described financial hardship and challenges in raising her children alone.
Experts note that research supports co-parenting in low-conflict cases. However, they warn that mandated joint custody may complicate cases involving domestic violence or high conflict, potentially discouraging divorce altogether. Yale Law School Professor Douglas NeJaime said such legislation could hinder courts’ ability to make individualized custody decisions.
Senators Brice Wiggins and Joey Fillingane, both practicing family law, support the bill, viewing it as a step toward gender-neutral custody laws. They argue it would promote equal involvement of fathers in their children’s lives. However, critics contend that the bill could reduce the system’s fairness, especially for domestic violence survivors and low-income parents.
The legislation remains under negotiation, with the Senate making minor adjustments to the House version. Both chambers must agree on final language by Monday evening for the bill to advance. If signed by Gov. Tate Reeves, it would establish joint custody as the default in all divorce cases in Mississippi.
Source: Original Article
