Date of Award

Spring 2026

Degree Type

Honors College Thesis

Academic Program

Legal Studies BA

Department

Political Science, International Development, and International Affairs

First Advisor

William R Newman

Advisor Department

Political Science, International Development, and International Affairs

Abstract

This study examines changes in child custody decision-making within the Mississippi appellate court system over a thirty-year period, with a particular focus on the role of legal custody as a separate consideration from physical custody. Using a longitudinal empirical research design, appellate court decisions from 1994, 2004, 2014, and 2024 were analyzed using Nexis Uni. Cases were identified using the search term “child custody” with emphasis on case headnotes indexed under “child custody” as the area of law. Variables including party roles, types of custody sought, reasons for appeal, and case outcomes were recorded and evaluated to identify trends over time.

The findings reveal a clear shift toward gender neutrality in appellate custody litigation, as both mothers and fathers increasingly participated in similar rates across the studied years. However, contrary to national trends, the data does not indicate a rise in legal custody disputes within Mississippi appellate courts. Instead, physical custody remains the dominant issue in appeals and is frequently contested and explicitly addressed in judicial opinions. Legal custody is often assumed to be joint, minimally discussed, or not mentioned at all, and rarely serves as the basis for appellate reversal. The finds also reveal a reversal in the appellate fate of parents in child custody disputes where gender is concerned. While mothers prevailed on appeal in custody disputes 67% of the time in 1994, that statistic had reversed by 2024 when fathers prevailed 66% of the time.

Additionally, the results demonstrate a strong pattern of continued appellate deference to trial court decisions, with the majority of cases being affirmed. This suggest that Mississippi appellate courts continue to uphold the traditional principle of granting equity broad discretion to equity court judges in custodial determinations.

This study highlights the difference between the purported national custody trends and Mississippi appellate practice, emphasizing the continued dominance of physical custody disputes and the underdevelopment of legal custody litigation in Mississippi. The findings suggest that, while shared parenting norms are emerging, legal custody remains a secondary consideration in appellate review. Further research is needed to determine whether legal custody plays a more significant role at the trial court level or in non-litigated custody arrangements.

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