Lawmakers sent a bill that makes 50-50 joint custody the legal standard for divorce cases in Mississippi to Gov. Tate Reeves Wednesday.
If Reeves signs the bill into law, chancery court judges, or chancellors, would be required to favor equal parenting time in custody cases. Parents could present evidence showing why that’s not in the best interest of their children. The legislation also exempts parents who agree on a different custody arrangement outside of court. The law would go into effect in July.
Proponents say the legislation will create equal opportunities for fathers who have suffered from courts’ bias that mothers are more worthy of custody. Critics say the bill feigns equality but will be less equitable for vulnerable women and children, including infants who are breastfeeding and mothers who are in domestic violence situations.
In fighting for gender equality, people shouldn’t ignore that mothers develop a special bond with babies during pregnancy, argued Rep. Omeria Scott, a Democrat from Laurel. She was one of eight House members who voted against the legislation Tuesday.
“This is just another situation where women lose in Mississippi,” Scott told Mississippi Today.
Rep. Dana McLean, a Republican from Columbus, pleaded with her colleagues on the floor Tuesday to reconsider the legislation. McLean said it was problematic that breastfeeding infants would also be subject to a presumption that being separated from their mother half the time was best for them.
“We’re talking about breastfeeding babies just coming home from the hospital,” McLean said on the floor. “And I know that the best interest of an infant would be to be with their mother initially.”
Judges would still have authority to override the presumption, responded Rep. Joey Hood, a Republican from Ackerman and chairman of the House Judiciary A Committee where the bill originated.
The proposed legislation does not preclude chancellors “from doing what is in the best interest of the child,” Hood said.
But McLean and Scott disagree.
Judges currently award custody on a case-by-case basis using the Albright factors, a rubric that includes caregiving history, emotional ties and the age of the child.
While the bill was on the Senate floor Wednesday, Sen. Brice Wiggins, a Republican from Pascagoula and chairman of the Senate Judiciary A Committee, said that other states have already adopted a presumption of joint custody.
Sen. Hob Bryan, a Democrat from Amory and one of 10 senators who voted against the bill, asked Wiggins how many other states are doing this. Wiggins answered, “four or five.”
“Then, it sounds like 40-some-odd other states don’t have this law,” Bryan said.
Wiggins responded that “it’s a good thing” if Mississippi is on the front end of this legislation.
In 2017, Kentucky became the first of five states to adopt a joint custody presumption law. Since then, instances have arisen where women and children have suffered abuse because the law compelled them to interact with violent ex-spouses and caregivers, according to The Wall Street Journal.
Mississippi’s proposed legislation specifies that the presumption of joint custody will not apply if the court finds a history of violence with one of the parents. However, that would require a “preponderance of evidence” — attorneys have to prove it is more likely than not that violence occurred.
Sen. Bradford Blackmon, a Democrat from Canton, voted for the bill in March. He changed his vote on Wednesday after hearing from several chancery court judges who were against the bill. Blackmon said the chancellors told him they need to be able to look at all the factors and don’t 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,” Blackmon told Mississippi Today.
Eight family attorneys and chancery court judges told Mississippi Today they believe the current custody system is the most fair, and the new legislation would set a dangerous legal precedent.
If mothers are awarded custody more often than fathers, it’s not because of an inherent bias but rather a history of being the primary caregiver and fostering emotional closeness, said Kelly Williams, a Ridgeland-based attorney and a child welfare law specialist certified by the National Association of Counsel for Children.
“I’ve been in courts all over the state, and men are not getting an unfair shake,” Williams said.
Hence then, the article about lawmakers approve 50 50 joint custody in divorce cases and send bill to the governor was published today ( ) and is available on Mississippi Today ( Middle East ) The editorial team at PressBee has edited and verified it, and it may have been modified, fully republished, or quoted. You can read and follow the updates of this news or article from its original source.
Read More Details
Finally We wish PressBee provided you with enough information of ( Lawmakers approve 50-50 joint custody in divorce cases and send bill to the governor )
Also on site :