A parenting plan in Mississippi is a written agreement that allocates physical custody, legal custody, and a parenting time schedule between divorcing parents. Under Miss. Code Ann. § 93-5-24, chancery courts may require parents to submit an implementation plan, and as of July 1, 2026, House Bill 1662 creates a rebuttable presumption favoring 50-50 joint custody.
Key Facts: Parenting Plans in Mississippi
| Item | Detail |
|---|---|
| Filing Fee | $148-$160 (varies by county; no statewide schedule) |
| Waiting Period | 60 days for irreconcilable-differences divorce |
| Residency Requirement | 6 months bona fide residency (Miss. Code Ann. § 93-5-5) |
| Grounds | 12 fault grounds + irreconcilable differences (no-fault) |
| Custody Standard | Rebuttable 50-50 presumption (HB 1662, eff. July 1, 2026) |
| Court | Chancery Court (20 districts, 82 counties) |
As of March 2026. Verify all fees with your local chancery clerk.
What Is a Parenting Plan in Mississippi?
A parenting plan in Mississippi is a written document that defines how separated parents will share physical custody, legal custody, and decision-making for their child. Under Miss. Code Ann. § 93-5-24, the chancery court may require parents to submit a plan for implementing the custody order, and once approved, this plan becomes a binding court order.
The statute defines three core custody categories that every parenting plan Mississippi families build must address. Joint physical custody means each parent has significant periods of physical custody, structured to assure the child frequent and continuing contact with both parents. Joint legal custody means both parents share decision-making authority over the child's health, education, and welfare. A complete custody agreement specifies both, plus a detailed co-parenting schedule. Mississippi courts evaluate every parenting plan against the best interest of the child, the polestar consideration established in Albright v. Albright, 437 So. 2d 1003 (Miss. 1983). A well-drafted plan reduces conflict, eliminates ambiguity about exchanges and holidays, and gives the chancellor a ready framework to approve.
How the 2026 50-50 Custody Law Changes Your Parenting Plan
Mississippi House Bill 1662 takes effect July 1, 2026, and creates a rebuttable presumption that joint custody with equally shared parenting time serves the child's best interest. The law amends Miss. Code Ann. § 93-5-24, makes Mississippi the 7th state to adopt a 50-50 presumption, and shifts the burden of proof to the parent seeking an unequal schedule.
The presumption is a starting point, not a guarantee. A parent who wants a different arrangement must rebut the presumption by a preponderance of the evidence using the 12 Albright factors. A chancellor who deviates from 50-50 must document the reasons in written findings. The new framework applies only to initial temporary and final custody orders entered after July 1, 2026; it does not apply to modifications of orders entered before or after that date, and it exempts parents who agree on a different arrangement outside court. HB 1662 passed the Senate 39-10 and the House 92-8, and became law at the April 13, 2026 governor-action deadline. For your parenting plan, this means a 50-50 co-parenting schedule is now the default frame. If you and your spouse agree on a different split, document that agreement clearly, because agreed plans are expressly exempted from the presumption.
The 12 Albright Factors Mississippi Courts Use
Mississippi courts evaluate custody and any contested parenting plan using the 12 Albright factors established in Albright v. Albright, 437 So. 2d 1003 (Miss. 1983). These factors are guidance for chancellors, not a scoring system, and a single strong factor can outweigh all others in determining the child's best interest.
The 12 Albright factors are:
- Age, health, and sex of the child
- Continuity of care prior to the separation (which parent was the primary caregiver)
- Parenting skills
- Willingness and capacity to provide primary child care
- Both parents' employment responsibilities
- Physical and mental health and age of the parents
- Emotional ties between parent and child
- Moral fitness of the parents
- The home, school, and community records of the child
- The child's preference, if the child is at least 12 years old
- Stability of the home environment and employment of each parent
- Any other relevant factors bearing on the parent-child relationship
Under Miss. Code Ann. § 93-5-24, there is no presumption favoring maternal custody, and Mississippi abolished the tender-years doctrine. A child aged 12 or older may state a preference, but it is not controlling; the chancellor still applies all 12 factors. When you build a parenting plan, address each factor with concrete provisions, because a plan that visibly serves these factors is far more likely to win court approval.
What to Include in Your Mississippi Parenting Plan
A complete Mississippi parenting plan should specify the regular parenting time schedule, holiday and summer schedules, legal decision-making authority, exchange logistics, and communication rules. A thorough plan reduces post-divorce conflict and gives the chancery court a clear order to adopt, satisfying the implementation-plan provision of Miss. Code Ann. § 93-5-24.
A strong custody agreement covers these elements:
- Regular schedule: the week-to-week parenting time schedule (for example, 2-2-3, 5-2-2-5, or week-on-week-off for 50-50 arrangements)
- Holiday schedule: how Thanksgiving, Christmas, spring break, and birthdays alternate year to year
- Summer and school breaks: extended parenting time and vacation rules
- Legal custody and decision-making: who decides on education, non-emergency medical care, religion, and extracurriculars
- Exchange details: time, location, and who provides transportation
- Communication: phone, video, and text contact during the other parent's time
- Relocation provisions: notice requirements if a parent moves
- Dispute resolution: mediation before returning to court
- Right of first refusal: whether a parent who needs childcare must offer the other parent the time first
Under Miss. Code Ann. § 93-5-24, access to medical, dental, and school records cannot be denied to a parent simply because that parent is non-custodial, so your plan should affirm both parents' record access.
Common Co-Parenting Schedule Options Under the 50-50 Standard
With Mississippi's 50-50 presumption effective July 1, 2026, equal parenting time can be structured several ways, all totaling roughly equal overnights per year. The statute and courts retain flexibility, so 50-50 does not require week-on-week-off; it can be achieved through rotation schedules that fit a child's age and school routine.
| Schedule | Pattern | Best For |
|---|---|---|
| Week-on-week-off | 7 days each parent, alternating | School-age children, low-conflict parents |
| 2-2-3 | 2 days A, 2 days B, 3 days A (then flips) | Younger children needing frequent contact |
| 5-2-2-5 | 5 days A, 2 days B, repeats with swap | Stable workweek routines |
| 3-4-4-3 | Alternating 3 and 4 day blocks | Balanced midweek contact |
| Alternating weekends + midweek | Primary home + every other weekend | Long distances or work constraints (rebuts 50-50) |
The first four schedules satisfy the new 50-50 presumption because they produce equal overnights. The fifth, an alternating-weekend arrangement, produces unequal time and would require rebutting the presumption with evidence under the Albright factors. When parents agree to any of these schedules outside court, the agreement is exempt from the presumption under HB 1662. Choose a parenting time schedule that matches your child's developmental stage, school location, and each parent's work schedule.
Filing Your Parenting Plan With the Chancery Court
Mississippi divorce and custody cases are filed exclusively in Chancery Court, with filing fees ranging from $148 to $160 depending on the county. Mississippi has 20 chancery districts covering all 82 counties, and each county sets its own fee, so there is no statewide schedule.
The process for filing a parenting plan depends on whether your divorce is agreed or contested. For an irreconcilable-differences (no-fault) divorce, both spouses sign a written agreement that includes the parenting plan, file it with the chancery clerk, and wait the mandatory 60 days under Mississippi law before the chancellor can finalize. For irreconcilable-differences cases, you may file in either spouse's county of residence. For fault-based divorces, you generally file in the county where the defendant spouse resides. At least one spouse must have been a bona fide Mississippi resident for six months before filing under Miss. Code Ann. § 93-5-5; this requirement is jurisdictional and cannot be waived. Expect additional service-of-process costs of $30 to $200 unless your spouse signs a waiver. As of March 2026, verify current fees with your local chancery clerk. Qualifying low-income filers can request a fee waiver by filing a Motion to Proceed In Forma Pauperis, generally available at or below 125% of the Federal Poverty Level.
Modifying a Parenting Plan in Mississippi
A Mississippi parenting plan can be modified when the parent requesting the change proves a material change in circumstances that adversely affects the child, plus that modification serves the child's best interest. Under Miss. Code Ann. § 93-5-24, a joint custody order may be modified on the petition of both parents, or on one parent's petition showing a material change.
The new 50-50 presumption from HB 1662 does not apply to modifications. The presumption applies only to initial temporary and final custody orders entered after July 1, 2026, so a parent seeking to change an existing plan must still meet the traditional material-change standard rather than relying on the equal-time default. Common grounds for modification include a parent's relocation, a substantial change in work schedule, the child's evolving needs, evidence of neglect or unsafe conditions, or repeated violations of the existing plan. The chancellor re-applies the Albright factors to decide whether the proposed new arrangement serves the child. Because modification requires both a material change and a best-interest finding, courts do not grant routine adjustments, and minor disagreements over the co-parenting schedule rarely justify a court-ordered change. Parents are encouraged to resolve small disputes through the mediation provisions written into their original parenting plan.
Family Violence and Safety Provisions
Mississippi law bars joint custody when a parent has a history of family violence, and HB 1662 preserves this protection. Under Miss. Code Ann. § 93-5-24, there is a rebuttable presumption that it is detrimental and not in the child's best interest to place a child in the sole, joint legal, or joint physical custody of a parent with a documented history of perpetrating family violence.
The 50-50 presumption created by HB 1662 does not apply in cases with documented domestic violence. When there is a protective order, a criminal conviction, or a judicial determination of family violence, the presumption flips against joint custody, and the parent with the violence finding must prove by a preponderance of the evidence that joint custody would still serve the child, a difficult standard to meet. If safety is a concern, a parenting plan can include supervised exchanges at a neutral location, supervised visitation, no-contact provisions between the parents, and structured communication through a co-parenting app to limit direct contact. If you or your child are in immediate danger, call 911, and the National Domestic Violence Hotline at 1-800-799-7233 provides 24/7 confidential support. Document any incidents and consult a Mississippi family law attorney before agreeing to any equal-time schedule where violence has occurred.