Mississippi's HB 1662, signed by Gov. Tate Reeves on April 8, 2026, amends Miss. Code § 93-5-24 to create a rebuttable presumption of joint custody with equal (50-50) parenting time. Effective July 1, 2026, the law applies only to initial custody orders, shifts the burden onto any parent seeking unequal time, and flips against a documented abuser. This is the biggest custody shift in Mississippi in 40 years.
Key Facts
| Item | Detail |
|---|---|
| What happened | HB 1662 creates a rebuttable presumption of 50-50 joint physical custody |
| When | Signed April 8, 2026; takes effect July 1, 2026 |
| Where | Mississippi (statewide) |
| Who's affected | Divorcing parents with initial custody orders entered after July 1, 2026 |
| Key statute | Miss. Code § 93-5-24 |
| Impact | Replaces the 40-year Albright best-interest analysis as the starting point; reworks child-support math |
Why this matters legally
HB 1662 changes the legal starting point for every new Mississippi custody case. For four decades, Mississippi courts began custody decisions from a blank slate and applied the twelve-factor Albright best-interest analysis, established in Albright v. Albright, 437 So. 2d 1003 (Miss. 1983). Under the old framework, neither parent entered the courtroom with a built-in advantage. The new law inverts that approach by presuming, before any evidence is heard, that equal time serves the child's best interest.
The practical effect is a burden shift. According to the bill text passed by the Mississippi Legislature, a parent who wants more than half the parenting time must now produce evidence rebutting the presumption — proving that equal time would harm the child. Albright still survives as the analytical tool courts use to decide whether the presumption has been overcome, but it no longer sets the baseline. This makes Mississippi one of only a handful of states, alongside Kentucky and Arkansas, with a true 50-50 statutory default.
How Mississippi law handles this
The amended Miss. Code § 93-5-24 builds three guardrails into the equal-parenting presumption that Mississippi parents need to understand.
First, the presumption applies only to initial custody orders entered after July 1, 2026. Parents with existing orders are not automatically entitled to a 50-50 modification. To change an existing arrangement, a parent must still meet Mississippi's traditional modification standard — proving a material change in circumstances that adversely affects the child, then showing modification serves the child's best interest under Albright. HB 1662 does not lower that bar.
Second, the presumption is rebuttable, not absolute. A court may still order unequal time when the evidence shows equal parenting would not serve the child. Distance between homes, a parent's work schedule, the child's school stability, and the parents' ability to cooperate all remain relevant under the surviving Albright factors.
Third, and most important, the presumption flips against a parent where family violence is documented. Where credible evidence of domestic or family violence exists, the equal-parenting presumption no longer favors the abusive parent. This aligns the statute with Mississippi's existing domestic-violence custody provisions and ensures the 50-50 default does not force survivors into shared-custody arrangements with their abusers.
HB 1662 also reworks the child-support calculation. Mississippi's guidelines under Miss. Code § 43-19-101 set support as a percentage of adjusted gross income — 14% for one child, 20% for two, 22% for three. When parenting time approaches a true 50-50 split, courts gain wider latitude to deviate downward from those percentages, because both parents directly cover housing, food, and daily costs during their equal time. The result is that equal-time obligations can shrink dramatically compared with a traditional every-other-weekend arrangement.
Practical takeaways
Mississippi parents facing divorce after July 1, 2026 should plan around the new default rather than against it. Here are five concrete steps.
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Confirm your timing. The presumption attaches only to initial custody orders entered after July 1, 2026. If your case is already underway, ask your attorney whether your order will be entered before or after that date — it changes your entire strategy.
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Document your involvement now. Because the law presumes equal time, the parent seeking more than half must rebut it. Keep records of school pickups, medical appointments, and daily caregiving to support whatever position you take.
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If family violence is part of your case, preserve evidence. Police reports, protective orders, medical records, and photographs matter more than ever, because documented violence flips the presumption against the offending parent.
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Recalculate child support expectations. A 50-50 schedule can substantially reduce the support owed under the Miss. Code § 43-19-101 percentages. Do not assume the old guideline numbers will apply.
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Consider a parenting plan early. Courts favor workable, detailed schedules. Proposing a realistic equal-time plan that accounts for school, distance, and work can position you well under the new framework.
If you are navigating a Mississippi custody case as the July 1, 2026 effective date approaches, the difference between an order entered in June versus July could reshape your parenting schedule and your support obligation. A licensed Mississippi family law attorney can review how HB 1662 applies to your specific timeline and circumstances.
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.