Mississippi's House Bill 1662, signed by Governor Tate Reeves and effective July 1, 2026, creates a rebuttable presumption that equal 50-50 parenting time serves a child's best interest in every custody case filed on or after that date. The same law replaces Mississippi's percentage-of-income child support formula with an income-shares model, while preserving a documented family-violence exception that bars the equal-time presumption.
| Key Fact | Detail |
|---|---|
| What happened | Mississippi enacted HB 1662, a rebuttable 50-50 joint custody presumption plus income-shares child support |
| When | Signed April 2026; effective for cases filed on or after July 1, 2026 |
| Where | Mississippi (all 82 counties, chancery courts) |
| Who's affected | Divorcing and separating parents with minor children |
| Key statute/rule | Amends Miss. Code § 93-5-24 (custody) and Miss. Code § 43-19-101 (child support) |
| Impact | Chancellors must start from equal time unless evidence rebuts it; support recalculated under income-shares |
According to Mississippi Today, the bill cleared both chambers before reaching the governor's desk in spring 2026. The change moves Mississippi from a discretionary best-interest analysis to a presumptive equal-time starting point — one of the most significant family-law shifts in the state in decades.
Why this matters legally
HB 1662 shifts the burden of proof in Mississippi custody cases. Before July 1, 2026, a chancellor weighed the twelve-factor Albright analysis with no thumb on the scale for either parent. Under the new law, a chancellor must begin from the assumption that a 50-50 split is best, and the parent seeking a different arrangement must produce evidence to rebut that presumption. This is a structural change, not a stylistic one.
The presumption is rebuttable, not absolute. A chancellor can still order unequal time when the evidence shows equal time would not serve the child — for example, where distance between homes makes 50-50 logistically impossible, where one parent has abandoned the child, or where the documented family-violence exception applies. The Albright factors remain relevant, but they now operate as tools to rebut or confirm the presumption rather than as the sole framework.
The second half of HB 1662 changes the money. Mississippi has long calculated child support as a flat percentage of the paying parent's adjusted gross income — 14% for one child, 20% for two, and so on under Miss. Code § 43-19-101. The income-shares model instead combines both parents' incomes, estimates what an intact household would spend on the children, and divides that obligation proportionally. When parenting time is equal, the support figure often shrinks or shifts direction entirely, because both households are presumed to bear direct costs.
How Mississippi law handles this
Mississippi custody decisions run through the chancery courts, and the governing framework is Miss. Code § 93-5-24, which authorizes joint legal and joint physical custody. The Mississippi Supreme Court's 1983 Albright v. Albright decision established the twelve factors chancellors weigh — including the age and health of the child, each parent's parenting skills, the continuity of care, and the home environment. HB 1662 layers a presumption on top of that existing structure rather than repealing it.
The family-violence exception is the critical carve-out. Where a parent has a documented history of family violence, the 50-50 presumption does not apply, consistent with the protective spirit of Miss. Code § 93-5-24 and related domestic-violence provisions. A protective order, a criminal conviction, or credible documented evidence of abuse can defeat the presumption before the Albright analysis even begins. This matters because equal parenting time can force ongoing contact and exchanges between a survivor and an abuser — a risk the Legislature expressly guarded against.
On support, the income-shares transition modifies Miss. Code § 43-19-101. Practically, this means the old percentage guidelines are no longer the default calculation for cases filed on or after July 1, 2026. Parents who negotiated informal support figures based on the old 14%-per-child math should expect a different number under income-shares, particularly where custody time is roughly equal. Existing orders entered before the effective date remain governed by the prior formula unless modified.
Practical takeaways
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Check your filing date. The 50-50 presumption and income-shares support apply only to custody cases filed on or after July 1, 2026. Cases already pending before that date generally proceed under the prior Albright-only framework and percentage-of-income support formula.
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Recalculate support under income-shares. If you are negotiating or projecting child support, do not rely on the old 14%/20% percentages. Gather both parents' income documentation, because the income-shares model uses combined income and proportional obligations under Miss. Code § 43-19-101.
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Document your parenting involvement now. Because 50-50 is the starting point, the parent seeking more or less time carries the burden. Keep records of caregiving, school involvement, medical appointments, and the practical logistics of your two homes.
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Preserve family-violence evidence. If abuse is a factor, gather protective orders, police reports, medical records, and other documented proof. The exception in Miss. Code § 93-5-24 can bar the equal-time presumption, but only with documentation the court can rely on.
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Reassess distance and logistics. Equal time requires two functional homes within a workable range of the child's school and activities. If you are relocating or the other parent is, address geography early, because impracticability is a recognized ground to rebut the presumption.
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Revisit existing agreements. Parents contemplating modification after July 1, 2026 should understand that a new filing may trigger the presumption and the income-shares formula, potentially changing both the schedule and the dollar figure.
If you are navigating a Mississippi custody or support matter around the July 1, 2026 transition, the timing of your filing and the quality of your documentation can materially change the outcome. A Mississippi family-law attorney can help you assess whether the new presumption and income-shares model work for or against your situation and how to prepare the record accordingly.
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.