MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Nunnelee

AN ACT TO AMEND SECTION 93-5-24, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COURT, IN AWARDING CUSTODY OF MINOR CHILDREN, TO CONSIDER JOINT PHYSICAL AND LEGAL CUSTODY AS A PRIORITY AND TO DIRECT THE COURT TO DISREGARD THE PARENT'S GENDER IN AWARDING CUSTODY; TO REQUIRE PARENTS TO SUBMIT AN IMPLEMENTATION PLAN FOR ORDERS OF JOINT CUSTODY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 93-5-24, Mississippi Code of 1972, is amended as follows:

93-5-24. (1) Custody may be awarded as follows according to the best interests of the child in the following order of priority:

(a) Physical and legal custody to both parents jointly pursuant to subsections (2) through (7).

(b) If physical and legal joint custody is an unacceptable alternative, the following options may be considered and ordered by the court:

(i) Physical custody to both parents jointly pursuant to subsections (2) through (7) and legal custody to either parent.

(ii) Legal custody to both parents jointly pursuant to subsections (2) through (7) and physical custody to either parent.

(iii) Physical and legal custody to either parent.

(iv) Upon a finding by the court that both of the parents of the child have abandoned or deserted such child or that both such parents are mentally, morally or otherwise unfit to rear and train the child the court may award physical and legal custody to:

A. The person in whose home the child has been living in a wholesome and stable environment; or

B. Physical and legal custody to any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

In making an order for custody to either parent or both parents jointly, the court shall not prefer one parent over the other for either physical or legal custody because of the parent's gender. In making an order for custody to both parents jointly, the court shall require the parents to submit to the court a plan for implementation of the joint custody order.

In making an order for custody to either parent * * *, the court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.

(2) Joint custody may be awarded where irreconcilable differences is the ground for divorce, in the discretion of the court, upon application of both parents.

(3) In other cases, joint custody may be awarded, in the discretion of the court, upon application of one or both parents.

(4) There shall be a presumption that joint custody is in the best interests of a minor child where both parents have agreed to an award of joint custody.

(5) (a) For the purposes of this section, "joint custody" means joint physical and legal custody.

(b) For the purposes of this section, "physical custody" means those periods of time in which a child resides with or is under the care and supervision of one of the parents.

(c) For the purposes of this section, "joint physical custody" means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents.

(d) For the purposes of this section, "legal custody" means the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child.

(e) For the purposes of this section, "joint legal custody" means that the parents or parties share the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child. An award of joint legal custody obligates the parties to exchange information concerning the health, education and welfare of the minor child, and to confer with one another in the exercise of decision-making rights, responsibilities and authority.

An award of joint physical and legal custody obligates the parties to exchange information concerning the health, education and welfare of the minor child, and unless allocated, apportioned or decreed, the parents or parties shall confer with one another in the exercise of decision-making rights, responsibilities and authority.

(6) Any order for joint custody may be modified or terminated upon the petition of both parents or upon the petition of one (1) parent showing that a material change in circumstances has occurred.

(7) Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental and school records, shall not be denied to a parent because the parent is not the child's custodial parent.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.