Mississippi became the sixth U.S. state to presume equal parenting time serves a child's best interest when HB 1662 took effect July 1, 2026. Signed by Governor Tate Reeves, the law amends Miss. Code § 93-5-24 to create a rebuttable presumption of 50-50 parenting time, rewrites child support to compare both parents' incomes, and preserves a domestic-violence exception. It passed 118-0 and 52-0.
Key Facts
| Item | Detail |
|---|---|
| What happened | Mississippi enacted a rebuttable presumption of 50-50 joint physical custody |
| When | Signed spring 2026; effective July 1, 2026 |
| Where | Statewide — all Mississippi chancery courts |
| Who's affected | Divorcing and separating parents with minor children |
| Key statute | Miss. Code § 93-5-24 (amended) |
| Vote | 118-0 (House), 52-0 (Senate) |
| Impact | Courts must start from equal parenting time unless rebutted by evidence |
Why this matters legally
HB 1662 shifts the legal starting point in every contested Mississippi custody case from a blank slate to a presumption of equal parenting time. Before July 1, 2026, chancery courts weighed the Albright factors without any default allocation, and one parent frequently secured primary physical custody with the other receiving standard visitation. Now, under the amended Miss. Code § 93-5-24, the court presumes that awarding each parent roughly 50% of parenting time serves the child's best interest.
The presumption is rebuttable, not absolute. A parent seeking a different arrangement carries the burden of producing evidence — such as work schedules, geographic distance, a child's special needs, or a documented history of harm — that equal time would not serve the child. This is a meaningful procedural change: the parent asking to deviate from 50-50 now argues against a legal default rather than competing on equal footing. Learn more about child custody arrangements and how courts evaluate them.
HB 1662 also rewrites the child support calculation. Mississippi historically applied a percentage-of-income model to the non-custodial parent's adjusted gross income. The new framework compares both parents' incomes, reflecting the reality that in a shared-time arrangement both households directly bear child-rearing costs. This is the same income-shares logic most states already use.
How Mississippi law handles this
Mississippi custody law is governed by Miss. Code § 93-5-24, which HB 1662 amends. The statute now instructs chancery courts to begin from a rebuttable presumption that joint physical custody — with each parent receiving substantially equal time — serves the child's best interest. Chancellors retain broad discretion to order a different arrangement when the evidence supports it, but they must articulate why equal time was rebutted.
The law preserves a domestic-violence exception. When a court finds a history of family violence, the 50-50 presumption does not apply, and the court structures custody and parenting time to protect the child and the victim. This exception is consistent with Mississippi's existing treatment of family violence in custody determinations and mirrors safeguards in the other five states with equal-custody presumptions. If you are experiencing abuse, contact the National Domestic Violence Hotline at 1-800-799-7233 or call 911.
Procedurally, the amended statute changes how parenting plans are negotiated and drafted. Because the court starts from equal time, settlement discussions and mediation now anchor to a 50-50 baseline, and any parent proposing a materially different schedule builds their case around rebutting the presumption. Mississippi separately continues to require that relocation and other major changes be evaluated under the child's best interest, and a parent seeking to move with a child may still face a relocation analysis.
On support, the income-comparison model means both parents disclose income and the court calculates each household's obligation relative to the shared-time split. Parents can estimate figures using our child support calculator, though the actual order depends on the court's application of the amended statute to verified financial disclosures.
Practical takeaways
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Document your involvement now. Because the court starts from a 50-50 presumption, keep records of school pickups, medical appointments, and daily caregiving. A parent seeking more than half the time must produce evidence, and a parent defending equal time benefits from a documented caregiving history.
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Build parenting schedules around a 50-50 baseline. Whether you want equal time or a different split, draft proposals that acknowledge the new default. Use our parenting-time calculator to model week-on/week-off, 2-2-3, and other equal-time schedules.
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Prepare complete financial disclosures. The new income-comparison support model requires both parents' income data. Gather pay stubs, tax returns, and proof of childcare and health-insurance costs before your first hearing.
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Understand the domestic-violence exception. If there is a documented history of family violence, the 50-50 presumption does not apply. Preserve police reports, protective orders, medical records, and other evidence, and raise safety concerns with the court early.
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Know that the presumption is rebuttable. Distance between homes, incompatible work schedules, a child's special needs, or an unfit parent are all grounds to seek a different arrangement — but you must present evidence. A custody evaluation may support your position in a contested case.
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Map your next steps. If you are early in the process, our free personalized divorce roadmap walks through how the new law affects your situation and what to prepare.
If you are navigating a Mississippi custody matter under the new law, an experienced family law attorney can explain how the amended presumption applies to your facts and help you build the record the court will expect. You can find a divorce attorney serving your county through our directory.
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.