Stuck in the Middle

Posted on Friday, February 10, 2012

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It is not unusual for a non-custodial parent to request to modify their child custody arrangement. To do so, the non-custodial parent must prove a material change of circumstances has occurred in the custodial home which adversely affects the child and that modification is in the best interest of the child. This is the traditional modification standard. However, what about parents who share custody of their children i.e. have joint custody? What is the standard? Although the parties must similarly show a material change, the standard for joint custody arrangement also requires that the change makes joint custody “unworkable” or “unmanageable.”See Lackey v. Fuller, 755 So. 2d 1083, 1089 (Miss. 2000).

So what type of change creates an “unworkable” joint custody arrangement? Many times these situations result from a mother and father who refuse to cooperate under the joint custody orders, ignore their child's best interest, or when a parent moves to another State. When one parent moves, the joint custody arrangement often requires a child to change schools or homes. Therefore, the traditional standard for modification no longer allows a chancellor to change what would be an impractical custody agreement. In order to avoid children being stuck in the middle, the standard for joint custody is more flexible and easier to modify.

Meredith Price

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