MS HB300

Creates a rebuttable presumption that custody shall be shared equally by both parents in child custody proceedings under Section 93-5-24.

Establishes a rebuttable presumption that shared custody is in the best interest of the child when both parents are fit and proper persons able to provide adequate care under Section 93-11-65.

Maintains existing protections by creating a rebuttable presumption against custody or joint custody for parents with a history of family violence, which can only be overcome by preponderance of evidence.

Specifies factors courts must consider when determining if the family violence presumption has been overcome, including completion of batterer's treatment programs and compliance with protective orders.

Effective date: July 1, 2010.