Mississippi's HB 1662, signed by Gov. Tate Reeves on April 8, 2026, took effect July 1, 2026, making Mississippi the sixth U.S. state to require courts to presume that equal (50-50) joint custody serves a child's best interest. The rebuttable presumption replaces the 40-year-old Albright 12-factor test and forces judges to make written findings whenever they deviate from an equal timeshare.
Key Facts
| Detail | Summary |
|---|---|
| What happened | HB 1662 created a rebuttable presumption of equal (50-50) joint physical custody |
| When | Signed April 8, 2026; effective July 1, 2026 |
| Where | Mississippi (statewide, all chancery courts) |
| Who's affected | Divorcing and separating parents in contested custody disputes |
| Key framework replaced | The Albright v. Albright (1983) 12-factor best-interest test |
| Impact | Judges must document written findings to deviate from 50-50; child support now compares both parents' incomes |
Why this matters legally
HB 1662 shifts the starting point of every contested Mississippi custody case from a blank-slate judicial balancing act to a legal presumption favoring equal time. For four decades, Mississippi chancellors began custody analysis with the twelve Albright factors — health, age, parenting skills, employment, stability, and more — weighing each without any default outcome. Under the new law, the court now starts from the position that a 50-50 split is presumptively in the child's best interest, and the burden falls on the parent seeking a different arrangement to overcome that presumption.
The presumption is rebuttable by a preponderance of the evidence, meaning roughly a 51% showing. The statute specifically identifies a documented history of family violence as grounds to rebut equal custody. This matters because it changes what evidence carries weight: rather than persuading a judge that you are the marginally better parent across twelve factors, the parent opposing 50-50 must now affirmatively prove that equal time would harm the child. Learn more about how contested divorce proceedings work when parents cannot agree.
How Mississippi law handles this
Mississippi custody law lives primarily in Miss. Code § 93-5-24, which governs the forms of custody a chancery court may award, and in the child support guidelines at Miss. Code § 43-19-101. Before HB 1662, § 93-5-24 authorized joint custody but never presumed it — the decision rested entirely on the judge-made Albright framework from Albright v. Albright, 437 So. 2d 1003 (Miss. 1983).
HB 1662 grafts a statutory presumption onto that existing structure. Three operational changes stand out. First, the equal-custody presumption becomes the default in contested cases, displacing Albright as the entry point. Second, any chancellor who orders something other than 50-50 must now enter specific written findings explaining the deviation — a documentation requirement that creates a clearer record for appeal. Third, the law overhauls child support calculation to compare both parents' incomes rather than applying the flat percentage-of-payor-income model that Mississippi used under the § 43-19-101 guidelines.
That child support change is significant. Mississippi's historic guidelines set support at fixed percentages of the non-custodial parent's adjusted gross income — 14% for one child, 20% for two, up to 26% for five or more. A true income-shares approach that weighs both parents' earnings alongside a roughly equal timeshare can materially alter who pays and how much. Parents can estimate the practical effect using our Mississippi child support calculator and model different parenting time scenarios.
It is worth stating what HB 1662 does not do. The law does not guarantee any individual parent 50-50 time. It creates a starting presumption, not an entitlement. A parent with a documented history of family violence, substance abuse endangering the child, or other conduct showing that equal custody would be harmful can still see the presumption overcome. The Albright factors are not erased — they remain relevant evidence a court may consider when deciding whether the presumption has been rebutted and what alternative arrangement serves the child.
Practical takeaways
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Understand your new starting point. If you are entering a contested Mississippi custody case on or after July 1, 2026, the court presumes equal time. Build your case around that reality — whether you are relying on the presumption or working to rebut it.
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Document everything relevant to family violence. Because a documented history of family violence is the express statutory basis to rebut 50-50, contemporaneous records — police reports, protective orders, medical records, and dated communications — carry decisive weight. Preserve them.
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Re-run your child support numbers. The move toward comparing both parents' incomes can change support obligations even where the old percentage model gave you a clear figure. Recalculate before you negotiate any parenting plan.
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Prepare a workable equal-time schedule. Since the court starts from 50-50, a realistic, child-centered logistics plan — school proximity, exchange points, holiday rotation — strengthens your position whether you seek to keep or modify the presumption. Review how parenting plans are structured.
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Get the written-findings requirement working for you. If a chancellor deviates from equal custody, the mandatory written findings create an appellate record. Make sure the evidence you want reviewed is squarely in that record.
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Map your next steps early. A personalized divorce roadmap can help you sequence filings, evidence-gathering, and negotiation under the new framework, and if your case is contested you should find a divorce attorney licensed in Mississippi.
Mississippi joins a small but growing group of states — following the lead of jurisdictions like Kentucky, which adopted a similar presumption in 2018 — that have replaced open-ended judicial discretion with a statutory equal-custody default. Whether HB 1662 produces more balanced parenting outcomes or simply shifts the litigation battleground onto the rebuttal standard will become clear as Mississippi's chancery courts apply it through late 2026 and into 2027.
If you are navigating a custody or divorce matter under Mississippi's new equal-custody framework, understanding how the presumption applies to your specific facts is the difference between preparation and surprise. A qualified Mississippi family law attorney can evaluate whether the presumption helps or hurts your position and how to build the record the new law now requires.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.