Custody

Before a judge (chancellor) can use family violence as a factor in a custody case, you will first need to prove what has happened. The chancellor may find that there is a history of committing family violence if:

• one incident of family violence has caused you serious bodily injury; or
• there has been a pattern of family violence against you, a family member, or a household member.¹

If the chancellor finds that a parent has a history of committing family violence, they will assume that it is not in the child’s best interest for that parent to have sole custody, or joint legal and physical custody.¹ This assumption is called a “rebuttable presumption,” which means that the abusive parent can present evidence to try to change the chancellor’s mind.

To make this decision, the chancellor will consider several factors, including whether the abusive parent:

• has shown that giving them sole or joint physical or legal custody is in your child’s best interests. This could be due to your:
  
  • absence;
  • mental illness;
  • substance abuse; or
  • another situation that affects your child’s best interests;
• has successfully finished a batterer’s treatment program, an alcohol or drug abuse counseling program, or a parenting class they were ordered to attend;
• is on probation or parole;
• has a restraining order issued against them, and whether or not they have complied with its terms and conditions; and
• has committed any other acts of domestic violence.²

A chancellor may also grant visitation to the abusive parent if they believe you and your child can be protected through some restrictions in the visitation order. For a list of a protections you can ask for, see Can a visitation order help protect domestic violence victims?

¹ Miss. Code § 93-5-24(9)(a)(i)
² Miss. Code § 93-5-24(9)(a)(iii)