Mississippi HB 1662 became law on April 13, 2026, amending Miss. Code § 93-5-24 to create a rebuttable presumption that joint physical custody with substantially equal parenting time serves a child's best interest. Effective July 1, 2026, the law makes Mississippi the seventh state to adopt an equal-parenting starting point, fundamentally shifting where every new custody case begins.
Key Facts
| Detail | Specifics |
|---|---|
| What happened | HB 1662 became law, creating a rebuttable 50-50 joint physical custody presumption |
| When | Became law April 13, 2026; effective July 1, 2026 |
| Where | Mississippi (statewide, all chancery courts) |
| Who's affected | All parents filing new custody actions on or after July 1, 2026 |
| Key statute | Miss. Code § 93-5-24 (custody) and child support provisions |
| Impact | Shifts default to equal time; requires written findings to deviate |
Why this matters legally
This law changes the legal starting point for every new Mississippi custody case beginning July 1, 2026. Before HB 1662, Mississippi chancery courts opened custody determinations from a neutral position and worked through the Albright factors to decide what arrangement served the child's best interest. According to Mississippi Today, the new statute now presumes that joint physical custody with substantially equal parenting time is best, placing the burden on the parent who wants a different arrangement to prove it.
The presumption is rebuttable, not absolute. A parent can still overcome it by presenting evidence that equal time would harm the child. But the practical effect is significant: the parent seeking primary custody now carries the legal burden, rather than both parents competing from an even footing. This reordering of who must prove what reshapes negotiation leverage, trial strategy, and the likely outcome in contested cases across all 82 Mississippi counties.
How Mississippi law handles this
Mississippi's custody framework lives in Miss. Code § 93-5-24, which HB 1662 directly amends. The law preserves the longstanding Albright factors — the 12-factor best-interest test Mississippi courts have used since the 1983 Albright v. Albright decision — but repositions them as rebuttal tools rather than the opening analysis. Courts still weigh parental health, continuity of care, employment responsibilities, and home stability, but now do so to determine whether the equal-time presumption should be overcome.
HB 1662 adds a written-findings requirement: when a chancellor deviates from the 50-50 presumption, the court must issue specific written findings explaining why equal parenting time does not serve the child. This requirement creates an appellate record and discourages arbitrary departures from the new default. The law also overhauls Mississippi's child support calculation. Mississippi historically used a percentage-of-income model under Miss. Code § 43-19-101, applying a flat percentage to the non-custodial parent's adjusted gross income — 14% for one child, 20% for two, scaling up to 26% for five or more. With shared physical custody becoming the norm, HB 1662 moves toward comparing both parents' incomes, recognizing that both households now bear direct child-rearing costs.
Mississippi joins Kentucky, Arizona, Arkansas, Florida, and West Virginia as the sixth and seventh states (the count includes prior adopters) to enshrine an equal-parenting presumption. Kentucky pioneered this approach in 2018, and research cited during legislative debate suggested equal-parenting states saw reduced custody litigation and faster case resolution.
Practical takeaways
- Filing after July 1, 2026: If you file a new custody action on or after the effective date, expect the court to start from a 50-50 position. Build your case around the child's best interest from that baseline.
- Seeking primary custody: You now carry the burden to rebut the presumption. Gather specific evidence — school records, medical history, work schedules, documented safety concerns — that demonstrates why equal time would not serve your child.
- Document a parenting history: Courts evaluating the rebuttal will look at who has performed caregiving. Keep records of school pickups, medical appointments, and daily involvement starting now.
- Reassess child support expectations: With income-comparison calculations replacing the flat-percentage model in shared-custody cases, run new numbers before assuming what you will pay or receive.
- Existing orders are not automatically changed: HB 1662 applies to new filings. If you have a current custody order, you generally need a material change in circumstances to modify it — consult an attorney about whether the law qualifies.
- Safety cases remain protected: The presumption is rebuttable. Documented domestic violence, abuse, or neglect remains strong grounds to overcome equal-time scheduling.
Frequently Asked Questions
When does Mississippi's 50-50 custody law take effect?
Mississippi HB 1662 became law on April 13, 2026, and takes effect July 1, 2026. The rebuttable joint physical custody presumption under Miss. Code § 93-5-24 applies to new custody actions filed on or after that date, not to orders already in place.
Does the new law guarantee parents get exactly equal time?
No. HB 1662 creates a rebuttable presumption, not a guarantee. Effective July 1, 2026, courts start from a 50-50 position, but a parent can overcome it with evidence that equal time would harm the child. Chancellors must issue written findings explaining any deviation.
Will HB 1662 change my existing Mississippi custody order?
No, not automatically. HB 1662 applies to new custody filings on or after July 1, 2026. To modify an existing order, Mississippi law generally requires proving a material change in circumstances affecting the child. Consult a family law attorney about whether the new statute supports modification.
How does the law change Mississippi child support?
HB 1662 shifts Mississippi from a flat percentage of the non-custodial parent's income — 14% for one child under Miss. Code § 43-19-101 — toward comparing both parents' incomes. Because shared custody means both households bear direct costs, support calculations now reflect each parent's contribution.
What are the Albright factors and do they still apply?
Yes. The Albright factors are Mississippi's 12-factor best-interest test from the 1983 Albright v. Albright decision, covering caregiving history, parental health, and home stability. HB 1662 preserves them but repositions them as rebuttal tools used to determine whether the 50-50 presumption should be overcome.
Bottom line
Mississippi HB 1662 marks one of the most significant family law changes in a generation, moving the state's custody default to equal parenting time on July 1, 2026. If you anticipate a custody dispute, understanding the new burden of proof and documenting your parenting role now can materially affect your outcome. A Mississippi family law attorney can help you build a case under the new framework.
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.