Joint or sole child custody is awarded based on the best interests of the child. There are no specific factors in Mississippi divorce laws that are for consideration in the statute. It is presumed that a court will not award custody to a parent with a history of family violence. If there are minor children involved in the divorce process, the Mississippi state divorce courts will attempt everything possible to assist in lessening the emotional trauma children may experience. However, if the parents cannot agree on a settlement regarding the issues involving the children, the courts will establish the custody order at its discretion.