Family Law

Joint Physical Custody in Mississippi does not mean equal custody

By Robert M. Kisselburgh, Esq.

Mississippi court holds joint physical custody does not mean equally divided custody

In Mississippi, the Court usually awards one parent physical custody while granting liberal visitation to the other. However, in some cases, courts can award the parties joint physical custody. Many parents believe that means custody on an equally divided basis. That is not necessarily true. Mississippi Code §93-5-24(5)(c) provides that "joint physical custody' means that each of the parents shall have significant periods of physical custody." What does that mean?

In a recent case out of DeSoto County, MIssissippi, the Court Appeals upheld a chancellor's ruling giving the mother more physical custody than the father despite awarding the parties joint physical custody. In this case, the mother was awarded physical custody during the child's time in school and the father was given all spring breaks as well as the summer except for two weeks. Alternating weekends, Thanksgiving Day, and the Christmas holiday were equally divided. The Court found that the chancellor's decision was not an abuse of discretion--the standard required to reverse the ruling. The Court noted that the statute did not require an equal amount of time and the father was granted a significant period of visitation. Finally, the Court noted that the child's grades suffered when the child was "shuffled" between parents during the school week.

If you are contemplating a divorce or involved in a custody dispute, you should consult with a lawyer to ensure you fully understand the terms used in any marital dissolution agreement or custody arrangement. At the Kisselburgh Law Firm, we can discuss these matters with you to ensure your rights are protected. Call us at 601-936-4040 or contact us online to set up a consultation.

Full post as published by Mississippi Family Law Blog on January 30, 2009 (boomark / email).