Overnight child visitation; prohibit with noncustodial parent when re-unification is not planned with such parent.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Mansell, Kinkade, Waldo

HOUSE BILL NO. 1269

AN ACT TO AMEND SECTION 93-5-24, MISSISSIPPI CODE OF 1972, TO 1
PROHIBIT OVERNIGHT VISITATION WITH A NONCUSTODIAL PARENT WHEN THE 2
COURT HAS DETERMINED NOT TO GRANT CUSTODY TO THAT PARENT AND 3
REUNIFICATION IS NOT PLANNED WITH THE NON-CUSTODIAL PARENT; TO 4
BRING FORWARD SECTION 93-5-34, MISSISSIPPI CODE OF 1972, WHICH 5
REGULATES CUSTODY AND VISITATION WHEN A PARENT IS DEPLOYED, FOR 6
PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 93-5-24, Mississippi Code of 1972, is 9
amended as follows: 10
93-5-24. (1) Custody shall be awarded as follows according 11
to the best interests of the child: 12
(a) Physical and legal custody to both parents jointly 13
pursuant to subsections (2) through (7). 14
(b) Physical custody to both parents jointly pursuant 15
to subsections (2) through (7) and legal custody to either parent. 16
(c) Legal custody to both parents jointly pursuant to 17
subsections (2) through (7) and physical custody to either parent. 18
(d) Physical and legal custody to either parent. 19
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(e) Upon a finding by the court that both of the 20
parents of the child have abandoned or deserted such child or that 21
both such parents are mentally, morally or otherwise unfit to rear 22
and train the child the court may award physical and legal custody 23
to: 24
(i) The person in whose home the child has been 25
living in a wholesome and stable environment; or 26
(ii) Physical and legal custody to any other 27
person deemed by the court to be suitable and able to provide 28
adequate and proper care and guidance for the child. 29
In making an order for custody to either parent or to both 30
parents jointly, the court, in its discretion, may require the 31
parents to submit to the court a plan for the implementation of 32
the custody order. 33
(2) Joint custody may be awarded where irreconcilable 34
differences is the ground for divorce, in the discretion of the 35
court, upon application of both parents. 36
(3) In other cases, joint custody may be awarded, in the 37
discretion of the court, upon application of one or both parents. 38
(4) There shall be a presumption that joint custody is in 39
the best interest of a minor child where both parents have agreed 40
to an award of joint custody. 41
(5) (a) For the purposes of this section, "joint custody" 42
means joint physical and legal custody. 43
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(b) For the purposes of this section, "physical 44
custody" means those periods of time in which a child resides with 45
or is under the care and supervision of one (1) of the parents. 46
(c) For the purposes of this section, "joint physical 47
custody" means that each of the parents shall have significant 48
periods of physical custody. Joint physical custody shall be 49
shared by the parents in such a way so as to assure a child of 50
frequent and continuing contact with both parents. 51
(d) For the purposes of this section, "legal custody" 52
means the decision-making rights, the responsibilities and the 53
authority relating to the health, education and welfare of a 54
child. 55
(e) For the purposes of this section, "joint legal 56
custody" means that the parents or parties share the 57
decision-making rights, the responsibilities and the authority 58
relating to the health, education and welfare of a child. An 59
award of joint legal custody obligates the parties to exchange 60
information concerning the health, education and welfare of the 61
minor child, and to confer with one another in the exercise of 62
decision-making rights, responsibilities and authority. 63
An award of joint physical and legal custody obligates the 64
parties to exchange information concerning the health, education 65
and welfare of the minor child, and unless allocated, apportioned 66
or decreed, the parents or parties shall confer with one another 67
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in the exercise of decision-making rights, responsibilities and 68
authority. 69
(6) Any order for joint custody may be modified or 70
terminated upon the petition of both parents or upon the petition 71
of one (1) parent showing that a material change in circumstances 72
has occurred. 73
(7) There shall be no presumption that it is in the best 74
interest of a child that a mother be awarded either legal or 75
physical custody. 76
(8) Notwithstanding any other provision of law, access to 77
records and information pertaining to a minor child, including, 78
but not limited to, medical, dental and school records, shall not 79
be denied to a parent because the parent is not the child's 80
custodial parent. 81
(9) (a) (i) In every proceeding where the custody of a 82
child is in dispute, there shall be a rebuttable presumption that 83
it is detrimental to the child and not in the best interest of the 84
child to be placed in sole custody, joint legal custody or joint 85
physical custody of a parent who has a history of perpetrating 86
family violence. The court may find a history of perpetrating 87
family violence if the court finds, by a preponderance of the 88
evidence, one (1) incident of family violence that has resulted in 89
serious bodily injury to, or a pattern of family violence against, 90
the party making the allegation or a family household member of 91
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either party. The court shall make written findings to document 92
how and why the presumption was or was not triggered. 93
(ii) This presumption may only be rebutted by a 94
preponderance of the evidence. 95
(iii) In determining whether the presumption set 96
forth in subsection (9) has been overcome, the court shall 97
consider all of the following factors: 98
1. Whether the perpetrator of family violence 99
has demonstrated that giving sole or joint physical or legal 100
custody of a child to the perpetrator is in the best interest of 101
the child because of the other parent's absence, mental illness, 102
substance abuse or such other circumstances which affect the best 103
interest of the child or children; 104
2. Whether the perpetrator has successfully 105
completed a batterer's treatment program; 106
3. Whether the perpetrator has successfully 107
completed a program of alcohol or drug abuse counseling if the 108
court determines that counseling is appropriate; 109
4. Whether the perpetrator has successfully 110
completed a parenting class if the court determines the class to 111
be appropriate; 112
5. If the perpetrator is on probation or 113
parole, whether he or she is restrained by a protective order 114
granted after a hearing, and whether he or she has complied with 115
its terms and conditions; and 116
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6. Whether the perpetrator of domestic 117
violence has committed any further acts of domestic violence. 118
(iv) The court shall make written findings to 119
document how and why the presumption was or was not rebutted. 120
(b) (i) If custody is awarded to a suitable third 121
person, it shall not be until the natural grandparents of the 122
child have been excluded and such person shall not allow access to 123
a violent parent except as ordered by the court. 124
(ii) If the court finds that both parents have a 125
history of perpetrating family violence, but the court finds that 126
parental custody would be in the best interest of the child, 127
custody may be awarded solely to the parent less likely to 128
continue to perpetrate family violence. In such a case, the court 129
may mandate completion of a treatment program by the custodial 130
parent. 131
(c) If the court finds that the allegations of domestic 132
violence are completely unfounded, the chancery court shall order 133
the alleging party to pay all court costs and reasonable 134
attorney's fees incurred by the defending party in responding to 135
such allegations. 136
(d) (i) Except as otherwise provided in this section, 137
a court may award visitation by a parent who committed domestic or 138
family violence only if the court finds that adequate provision 139
for the safety of the child and the parent who is a victim of 140
domestic or family violence can be made. 141
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(ii) In a visitation order, a court may take any 142
of the following actions: 143
1. Order an exchange of the child to occur in 144
a protected setting; 145
2. Order visitation supervised in a manner to 146
be determined by the court; 147
3. Order the perpetrator of domestic or 148
family violence to attend and complete to the satisfaction of the 149
court a program of intervention for perpetrators or other 150
designated counseling as a condition of visitation; 151
4. Order the perpetrator of domestic or 152
family violence to abstain from possession or consumption of 153
alcohol or controlled substances during the visitation and for 154
twenty-four (24) hours preceding the visitation; 155
5. Order the perpetrator of domestic or 156
family violence to pay a fee to defray the cost of supervised 157
visitation; 158
6. Prohibit overnight visitation; 159
7. Require a bond from the perpetrator of 160
domestic or family violence for the return and safety of the 161
child; or 162
8. Impose any other condition that is deemed 163
necessary to provide for the safety of the child, the victim of 164
family or domestic violence, or other family or household member. 165
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(iii) Whether or not visitation is allowed, the 166
court may order the address of the child or the victim of family 167
or domestic violence to be kept confidential. 168
(iv) The court shall not authorize overnight 169
visitation with a noncustodial parent when the court has 170
determined not to grant custody to that parent and reunification 171
is not planned with the noncustodial parent. 172
(e) The court may refer but shall not order an adult 173
who is a victim of family or domestic violence to attend 174
counseling relating to the victim's status or behavior as a 175
victim, individually or with the perpetrator of domestic or family 176
violence, as a condition of receiving custody of a child or as a 177
condition of visitation. 178
(f) If a court allows a family or household member to 179
supervise visitation, the court shall establish conditions to be 180
followed during visitation. 181
SECTION 2. Section 93-5-34, Mississippi Code of 1972, is 182
brought forward as follows: 183
93-5-34. (1) It is the purpose of this section to provide a 184
means by which to facilitate a fair, efficient and swift process 185
to resolve matters regarding custody and visitation when a parent 186
receives temporary duty, deployment or mobilization orders from 187
the military. It is also the purpose of this section to 188
facilitate continued communication between military parents and 189
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their minor children when the parent is on temporary duty or under 190
deployment or mobilization orders. 191
(2) As used in this section: 192
(a) The term "deployment" means the temporary transfer 193
of a service member serving in an active-duty status to another 194
location in support of combat or some other military operation. 195
(b) The term "mobilization" means the call-up of a 196
National Guard or Reserve service member to extended active duty 197
status. For purposes of this definition, "mobilization" does not 198
include National Guard or Reserve annual training. 199
(c) The term "temporary duty" means the transfer of a 200
service member from one military base to a different location, 201
usually another base, for a limited period of time to accomplish 202
training or to assist in the performance of a noncombat mission. 203
(d) The term "family member" means a person related by 204
blood or marriage and may include, for purposes of this statute, a 205
step-parent, grandparent, aunt, uncle, adult sibling or other 206
person related by blood or marriage. 207
(3) When a parent who has custody, or has joint custody with 208
primary physical custody, receives temporary duty, deployment or 209
mobilization orders from the military that involve moving a 210
substantial distance from the parent's residence having a material 211
effect on the parent's ability to exercise custody 212
responsibilities: 213
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(a) Any temporary custody order for the child during 214
the parent's absence shall end no later than ten (10) days after 215
the parent returns, but shall not impair the discretion of the 216
court to conduct a hearing for emergency custody upon return of 217
the parent and within ten (10) days of the filing of a verified 218
motion for emergency custody alleging an immediate danger of 219
irreparable harm to the child; and 220
(b) The temporary duty, mobilization or deployment of 221
the service member and the temporary disruption to the child's 222
schedule shall not be factors in a determination of change of 223
circumstances if a motion is filed to transfer custody from the 224
service member. 225
(c) Any order entered under this section shall require 226
that: 227
(i) The nondeployed parent shall make the child or 228
children reasonably available to the deployed parent when the 229
latter parent has leave; 230
(ii) The nondeployed parent shall facilitate 231
opportunities for telephonic, "webcam" and electronic mail contact 232
between the deployed parent and the child or children during 233
deployment; and 234
(iii) The deployed parent shall provide timely 235
information regarding the parent's leave schedule to the 236
nondeployed parent. 237
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(4) If the parent with visitation rights receives military 238
temporary duty, deployment or mobilization orders that involve 239
moving a substantial distance from the parent's residence or 240
otherwise have a material effect on the parent's ability to 241
exercise rights, the court otherwise may delegate the parent's 242
visitation rights, or a portion thereof, to a family member with a 243
close and substantial relationship to the service member's minor 244
child for the duration of the parent's absence, if delegating 245
visitation rights is in the child's best interest. 246
(5) Upon motion of a parent who has received military 247
temporary duty, deployment or mobilization orders, the court 248
shall, for a good cause shown, hold an expedited hearing in 249
custody and visitation matters instituted under this section when 250
the military duties of the parent have a material effect on the 251
parent's ability, or anticipated ability, to appear in person at a 252
regularly scheduled hearing. 253
(6) Upon motion of a parent who has received military 254
temporary duty, deployment or mobilization orders, the court 255
shall, upon reasonable advance notice and for good cause shown, 256
allow the parent to present testimony and evidence by affidavit or 257
electronic means in custody and visitation matters instituted 258
under this section when the military duties of the parent have a 259
material effect on the parent's ability to appear in person at a 260
regularly scheduled teleconference, or the Internet. 261
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ST: Overnight child visitation; prohibit with
noncustodial parent when re-unification is not
planned with such parent.
(7) Nothing in this section shall alter the duty of the 262
court to consider the best interest of the child in deciding 263
custody or visitation matters. 264
(8) Any hearing pursuant to this section shall take 265
precedence over all other causes not involving the public 266
interest, to the end that these cases may be expedited. 267
SECTION 3. This act shall take effect and be in force from 268
and after July 1, 2026. 269