Mississippi law uses the best interest of the child standard when deciding custody. It is generally presumed that shared custody between both parents is in a child’s best interest because it allows the child to spend significant time and develop a meaningful relationship with each parent.
However, courts deviate from the shared custody presumption in some cases, typically when there is evidence that one parent is unfit to have custody. Common examples are in cases involving child abuse, child neglect or substance of abuse of a parent.
Although courts may not award shared custody in these types of cases, it is still rare for one parent to receive full custody. A court might choose to implement a graduated visitation schedule.
A graduated visitation schedule involves a parent receiving visitation that gradually increases over time. This type of schedule might be appropriate if there are concerns about the parent having unsupervised time with the child or when a child has not spent much time with the parent in the past.
Why use a graduated visitation schedule
The general goal of a graduated visitation schedule is to help the child adjust to spending time with a parent and nurture the parent-child relationship. Sometimes a graduated visitation schedule will start with visits taking place in public or supervised by a family member or other agreed-upon supervisor.
The initial visits in a graduated visitation schedule are often shorter, such as a few hours a couple times a week. The visits gradually increase over time, sometimes under the condition that there are no major issues during previous visits.
If visits go well, the parent who receives graduated visitation could eventually receive increased time, building up to overnights and full weekends. The goal is usually a shared custody arrangement.
You and your co-parent are free to agree on your own graduated visitation schedule. But if you do not agree, a court can order one if it feels it is in a child’s best interest. If you are the parent arguing for a graduated visitation schedule, be prepared to prove your case with evidence as to why it is best for your child.