If the parents can't come to a mutual agreement concerning child custody in Mississippi, the Mississippi family court shall base it's decision on the best interests of the child. There is no presumption that either parent is better suited for child custody based on gender. In making an order for child custody to either parent or to both parents jointly, the court may require the parents to submit a plan for the implementation of the custody order. If child custody is disputed, there shall be a rebuttable presumption that it is detrimental to the child, and not in the best interest of the child, to be placed in sole custody, joint legal custody or joint physical custody of a parent who has a history of perpetrating family violence.

[Based on Mississippi Code, Title 93, Section 93-5-24]