Effective July 1, 2026, Mississippi HB 1662 amends Miss. Code § 93-5-24 to create a rebuttable presumption that equal parenting time serves a child's best interest. This shifts the burden onto the parent opposing 50-50 custody and largely displaces the 40-year-old Albright factor analysis for the first time since 1983.
Key Facts
| Item | Detail |
|---|---|
| What happened | Mississippi enacted a rebuttable presumption of equally shared (50-50) parenting time |
| When | Effective July 1, 2026 |
| Where | State of Mississippi (all chancery courts) |
| Who's affected | Divorcing and separating parents with minor children; family-violence cases excluded |
| Key statute | Miss. Code § 93-5-24, amended by HB 1662 |
| Impact | Burden flips to the parent opposing equal time; judges must document written reasons to deviate |
Why this matters legally
HB 1662 changes the default starting point for every contested custody case in Mississippi. Before July 1, 2026, Mississippi chancellors applied the 12-factor Albright analysis from Albright v. Albright, 437 So. 2d 1003 (Miss. 1983), which treated no particular custody arrangement as presumptively correct. The court weighed factors like each parent's health, continuity of care, and employment responsibilities, then reached a discretionary result. Under the amended Miss. Code § 93-5-24, the court now begins with a legal presumption that a 50-50 split of parenting time is in the child's best interest.
The practical effect is a burden shift. The parent who wants an unequal arrangement must now produce evidence rebutting the equal-time presumption, rather than both parents arguing an open question. According to the enrolled text of HB 1662, any chancellor who deviates from equal parenting time must document written findings explaining the deviation. That written-reasons requirement creates a clearer appellate record and reduces the wide discretion that characterized post-Albright custody rulings for four decades.
Mississippi joins a small group of roughly six states — including Kentucky, which adopted a 50-50 presumption in 2018 — that presume equal parenting time by statute. This places Mississippi among the more aggressive shared-parenting jurisdictions in the country.
How Mississippi law handles this
Mississippi custody determinations are governed by Miss. Code § 93-5-24, the statute HB 1662 directly amends. The amended section installs three operative rules. First, it establishes the rebuttable presumption that equally shared parenting time serves the child's best interest. Second, it flips the evidentiary burden onto the parent opposing equal time. Third, it requires chancellors to enter written reasons whenever they order anything other than a 50-50 division.
HB 1662 also revises child-support mechanics for shared-time cases. Under the new formula, each parent's support obligation is calculated separately, and the higher-earning parent pays the difference between the two figures. This offset approach replaces the older model where the non-custodial parent typically paid a flat percentage of adjusted gross income under Miss. Code § 43-19-101. The statutory guidelines in § 43-19-101 — which set support at 14% of adjusted gross income for one child, 20% for two, 22% for three, 24% for four, and 26% for five or more — still supply each parent's baseline calculation before the offset is applied.
Family-violence cases remain carved out. Under Miss. Code § 93-5-24(9), a documented history of family violence continues to bar the equal-time presumption, and courts retain authority to restrict or supervise contact where the record shows abuse. The presumption is a starting point, not a guarantee, and it does not override the safety-focused provisions already in the statute.
Practical takeaways
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Document your caregiving now. Because the presumption favors 50-50 time, the parent seeking an unequal arrangement carries the burden. Keep dated records of who handles school pickups, medical appointments, and daily routines — this evidence becomes central to rebutting or defending the equal-time default after July 1, 2026.
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Reassess pending cases. If your custody matter is unresolved as of July 1, 2026, the amended Miss. Code § 93-5-24 may change the framework a chancellor applies. Ask a Mississippi family-law attorney whether the new presumption affects your negotiating position or trial strategy.
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Recalculate child support expectations. The offset formula means the higher earner pays the difference between each parent's separately calculated obligation, not a flat percentage. Run both figures using the § 43-19-101 guidelines to estimate your likely exposure or entitlement.
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Preserve safety evidence if abuse exists. The § 93-5-24(9) family-violence exclusion still applies. If there is a history of family violence, gather police reports, protective orders, and medical records — the equal-time presumption does not apply where abuse is documented.
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Prepare written-reasons arguments. Because chancellors must now justify any deviation in writing, frame your position around concrete, documentable reasons a judge can adopt — geographic distance, work schedules, or the child's established needs — rather than general preferences.
If you are navigating a Mississippi custody matter under the new law, connecting with a local family-law attorney who understands how chancellors are applying the amended statute can help you understand where you stand. Divorce.law lists attorneys across Mississippi who handle custody and support cases.
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.