Mississippi HB 1662: 50-50 Joint Custody Presumption Effective July 1, 2026

Mississippi Governor Tate Reeves signed HB 1662 on April 8, 2026, creating a rebuttable presumption under Miss. Code § 93-5-24 that equal 50-50 joint custody serves a child's best interest. Effective July 1, 2026, the law replaces the 40-year-old Albright factor test and swaps Mississippi's percentage-of-income child support formula for an income-shares model.

Key Facts

Mississippi Today first reported the bill's passage to the governor's desk. The signed law makes Mississippi one of a growing number of states — roughly a dozen as of 2026 — to adopt a rebuttable presumption favoring equal parenting time rather than leaving the allocation entirely to judicial discretion.

Why this matters legally

HB 1662 fundamentally shifts the starting point in every contested Mississippi custody case. Before July 1, 2026, judges applied the Albright factors — a 12-factor best-interest test the Mississippi Supreme Court established in Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) — with no default allocation of parenting time. Under the new Miss. Code § 93-5-24, courts must now begin from the assumption that a 50-50 split is best, and the parent seeking a different arrangement carries the burden of rebutting that presumption with evidence.

This is a rebuttable presumption, not a mandate. A judge can still order unequal parenting time, but only after making specific findings that equal time would not serve the child's best interest. The law requires courts that deviate from the 50-50 default to document their reasons on the record — a transparency requirement that gives appellate courts a clearer basis for review. That documentation mandate changes litigation strategy: parents opposing equal time must build a factual record, not simply argue preference.

The presumption does not apply where a domestic abuse protection order is in effect. This carve-out means that in cases involving a documented protective order, courts return to a discretionary best-interest analysis rather than starting from equal time. Survivors and their attorneys should understand that the protective-order exception is a critical safeguard built into the statute.

How Mississippi law handles this

Mississippi's custody framework now operates on two tracks depending on when a case is filed. For cases filed on or after July 1, 2026, Miss. Code § 93-5-24 governs with the 50-50 presumption. Cases filed before that date continue under the traditional Albright analysis. This filing-date trigger — not the divorce or hearing date — determines which standard applies, so timing matters significantly for parents weighing when to file.

The second major change is to child support. Mississippi previously used a percentage-of-income model under Miss. Code § 43-19-101, which set support as a flat percentage of the non-custodial parent's adjusted gross income — 14% for one child, 20% for two, 22% for three, up to 26% for five or more children. HB 1662 replaces this with an income-shares model, which combines both parents' incomes and allocates support proportionally based on each parent's share of the combined total. Income-shares models generally produce different support figures than percentage models, particularly when parents earn comparable incomes or share time equally.

Because equal parenting time and income-shares support are linked, the two reforms work together. When both parents have the children roughly half the time, the income-shares calculation typically reduces or offsets support obligations compared to the old percentage formula. Parents can estimate potential figures using our child support calculator and model different parenting time scenarios, though final numbers depend on the court's application of the new guidelines.

Understanding child custody arrangements and how to structure parenting plans becomes especially important under the new presumption. A well-drafted parenting plan that demonstrates a workable 50-50 schedule may be easier to obtain when the law already favors that outcome.

Practical takeaways

1. Check your filing date. The 50-50 presumption applies only to cases filed on or after July 1, 2026. If you file before that date, the Albright factors still control your case. Confirm which standard applies before making strategic decisions.

2. Build your record if you oppose equal time. Because courts must document reasons for deviating from 50-50, a parent seeking unequal parenting time must present specific evidence — not just preference. Gather documentation about the other parent's availability, the child's needs, and any safety concerns.

3. Understand the domestic abuse exception. If a domestic abuse protection order is in effect, the 50-50 presumption does not apply. Survivors should ensure any protective order is properly documented and current, because it directly affects the custody standard.

4. Recalculate child support expectations. The shift from percentage-of-income to income-shares changes support math. Both parents' incomes now factor into the calculation, so run updated estimates before assuming your obligation or entitlement matches the old formula.

5. Prepare a practical 50-50 parenting plan. A concrete, workable schedule showing how equal time functions — pickups, school, holidays — strengthens your position under a law that already presumes equal time serves the child. Consider building a personalized divorce roadmap to map your next steps.

If you are navigating a Mississippi custody matter under these new rules, the details of your filing date, income, and family circumstances will shape how HB 1662 applies to you. You can find a divorce attorney who understands the updated framework and can advise on timing and strategy.

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.