Courts in Mississippi could soon view custody through a new lens, with fathers in focus

• Senator Rod Hickman (D) said he wrote the legislation after seeing an uptick in fathers taking an interest in their children.

The Mississippi Senate advanced legislation Wednesday allowing “fathers to have just as much equal rights to parenting” as mothers, according to SB 2484 as authored by State Senator Rod Hickman (D).

The legislation states that courts shall issue a rebuttable presumption that joint custody and equal parenting time are in the child’s best interest.

When the court does issue joint custody, it must also create a schedule “which maximizes the time each parent has with the child and ensures the best interest of the child is met.” If a court does not award joint custody with equal parenting time, the court must document and explain why.

The legislation continues by stating that “there shall be no presumption that it is in the best interest of a child that a mother be awarded either legal or physical custody.”

In every court hearing where custody is at issue, the legislation outlines that “there shall be a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody.” If the court finds a family history of violence, the court may issue sole custody.

Senator Hickman said he wrote the bill after seeing an uptick in fathers taking an interest in their children.

“More and more fathers are trying to be fathers and be a part of their children’s lives,” he said.

Senator Hickman’s reasoning holds true, according to the Diapers Bank of the Delta, a child advocacy group in Clarksdale. Besides donating diapers, the non-profit hosts parenting classes.

Chelsea Presley, co-founder and executive director, said that over the last few years, she has witnessed an increase in the number of fathers attending the group’s parenting class. About one-third of attendees are now fathers.

A 2022 report by the Mississippi Auditor’s Office found taxpayers will see an additional $700 million of current and future spending obligations because of fatherlessness. The report states that males without a father have a higher rate of incarceration, while females often have children during their teen years.

An amendment was passed to recalculate child support if the legislation became law. The parent making the higher adjusted gross income would pay the parent with the lower income.

The Senate voted in favor of the legislation by a vote of 49 to 1. State Senator Hob Bryan (D) was the lone opposition vote.  The bill now advances to the House for further consideration.