Mississippi Governor Tate Reeves signed House Bill 1662 on April 1, 2026, creating a rebuttable presumption that equal 50-50 parenting time serves a child's best interest. Effective July 1, 2026, the law amends Section 93-5-24, requires judges to document any deviation in writing, and recalculates child support by comparing both parents' incomes. The family-violence bar on joint custody remains intact.
Key Facts
| Detail | Information |
|---|---|
| What happened | Gov. Tate Reeves signed HB 1662 into law |
| When | Signed April 1, 2026; effective July 1, 2026 |
| Where | Mississippi (statewide) |
| Who's affected | Divorcing and separating parents, family court judges |
| Key statute | Miss. Code § 93-5-24 (custody and parenting time) |
| Impact | Creates rebuttable presumption of 50-50 joint physical custody |
According to Mississippi Today, HB 1662 makes Mississippi one of only a handful of states — joining Kentucky, Arkansas, and West Virginia — to adopt a statutory presumption favoring equal parenting time. The change marks the most significant rewrite of Mississippi custody law in decades.
Why this matters legally
HB 1662 shifts the legal starting point in every contested Mississippi custody case. Under the new law, courts must begin from the assumption that splitting parenting time 50-50 serves the child's best interest, then require the parent opposing equal time to overcome that presumption with evidence. This reverses decades of practice under which Mississippi judges weighed the Albright factors from a neutral position with no thumb on the scale toward either parent.
The word "rebuttable" is the legal hinge here. A rebuttable presumption is not a guarantee of equal time — it is a default that controls the outcome unless a party proves it should not apply. Mississippi judges retain authority to order a different arrangement, but HB 1662 now forces them to put their reasoning in writing whenever they deviate from 50-50. That documentation requirement creates an appellate record, meaning parents who believe a judge ignored the presumption will have a clearer path to challenge the ruling on appeal.
How Mississippi law handles this
Mississippi custody decisions have long been governed by Miss. Code § 93-5-24, which authorizes joint legal and physical custody, and by the twelve-factor best-interest analysis from Albright v. Albright, 437 So. 2d 1003 (Miss. 1983). Before HB 1662, Section 93-5-24 permitted joint custody but did not presume it; judges applied the Albright factors — including the child's age, each parent's caregiving history, and the home environment — without any default toward equal time.
HB 1662 amends Section 93-5-24 in three concrete ways. First, it inserts the rebuttable presumption that equal physical custody serves the child's best interest. Second, it requires written findings any time a court orders something other than 50-50, tying the deviation to specific evidence. Third, it adjusts the child-support calculation: because both parents now presumptively share roughly equal time, the math compares both parents' incomes rather than applying the standard percentage of the non-custodial parent's adjusted gross income under Miss. Code § 43-19-101.
Critically, the law preserves Mississippi's existing family-violence protections. A documented history of family or domestic violence still bars an award of joint custody, consistent with the safety provisions already embedded in Section 93-5-24. The 50-50 presumption does not apply where the evidence shows abuse, and judges retain full discretion to protect children and victims in those cases.
Practical takeaways
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Equal time is now the default starting point. If you are divorcing or separating in Mississippi after July 1, 2026, expect the court to begin from a 50-50 parenting schedule. The parent seeking a different arrangement carries the burden of showing why equal time would not serve the child.
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Build a record if you want to deviate from 50-50. Because judges must now document deviations in writing, the evidence you present — about the other parent's availability, the child's school stability, or safety concerns — directly shapes whether the court departs from the presumption.
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Recalculate your child-support expectations. The new income-comparison method changes the dollar figures for many families. A parent who previously expected a standard percentage-based award under Miss. Code § 43-19-101 may see a different result once both incomes are weighed against an equal-time schedule.
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Family-violence evidence remains decisive. If safety is a factor in your case, document it. The 50-50 presumption does not override Mississippi's family-violence bar, and a substantiated history of abuse can defeat a request for joint custody entirely.
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Review existing orders before assuming the new law applies. HB 1662 governs cases going forward from July 1, 2026. Parents with custody orders already in place should consult an attorney about whether the change supports a modification request under Mississippi's material-change-in-circumstances standard.
If you are navigating a Mississippi custody dispute and want to understand how HB 1662 affects your specific situation, connecting with a local family law attorney is the most reliable next step. An attorney familiar with your county's courts can explain how judges there are interpreting the new presumption.
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.