Mississippi's HB 1662, signed by Gov. Tate Reeves and effective July 1, 2026, creates a rebuttable legal presumption that equal 50-50 parenting time serves a child's best interest. This landmark law replaces the 40-year-old Albright factor test as the starting point and overhauls child support to a comparative-income model, per Mississippi Today.
Key Facts
| Detail | Summary |
|---|---|
| What happened | HB 1662 created a rebuttable presumption favoring equal 50-50 joint physical custody |
| When | Signed by Gov. Tate Reeves; effective July 1, 2026 |
| Where | Mississippi (statewide, all chancery courts) |
| Who's affected | Divorcing and separating parents with minor children |
| Key statute/rule | Amends Miss. Code Title 93, Chapter 5; preserves DV exception under Miss. Code § 93-5-24 |
| Impact | Shifts the legal starting point from Albright factors to a 50-50 default that either parent may rebut |
Why this matters legally
HB 1662 changes the burden of proof in every contested Mississippi custody case starting July 1, 2026. For 40 years, Mississippi chancellors applied the Albright factors from Albright v. Albright, 437 So. 2d 1003 (Miss. 1983), weighing 12 considerations with no default outcome. The new law establishes a rebuttable presumption that equal parenting time serves the child's best interest, meaning a parent who wants an unequal schedule must now present evidence to overcome that 50-50 baseline.
This is a structural shift, not a cosmetic one. Under the prior framework, both parents entered a custody dispute on roughly equal legal footing, and the chancellor weighed the Albright factors from a neutral starting point. Under HB 1662, the court begins at 50-50 and moves away from it only when the evidence rebuts the presumption. Practically, the parent seeking primary custody now carries the persuasive burden — a reversal that will affect settlement leverage, litigation strategy, and case outcomes across all of Mississippi's chancery districts.
How Mississippi law handles this
Mississippi custody and support law is codified in Title 93 of the Mississippi Code, and HB 1662 amends that framework directly. Historically, Miss. Code § 93-5-24 has governed custody awards and expressly authorized joint physical and legal custody, but it left the ultimate determination to the chancellor's discretion under the best-interest standard. HB 1662 layers a rebuttable 50-50 presumption on top of that discretionary structure, giving chancellors a defined starting point rather than an open-ended balancing test.
The statute preserves a critical safeguard. The domestic-violence exception under Miss. Code § 93-5-24(9) remains intact, meaning the 50-50 presumption does not apply where a history of family violence is established. Mississippi already bars joint custody where such a history exists, and HB 1662 does not disturb that protection — the presumption yields to documented abuse.
HB 1662 also restructures child support. Mississippi's longstanding percentage-of-income model under Miss. Code § 43-19-101 — which set guidelines of 14% of adjusted gross income for one child, 20% for two, and up to 26% for five or more — is replaced for shared-custody arrangements by a comparative-income calculation. Under the new model, each parent's obligation is computed as if that parent were the obligor, and the higher earner pays the difference. This mirrors the income-shares approach used in a majority of states and aligns support with the reality of equally shared time.
Practical takeaways
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Understand your new starting point. If you are divorcing or separating in Mississippi on or after July 1, 2026, the court now begins at a 50-50 parenting split. A parent seeking a different arrangement must present evidence to rebut that presumption.
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Document your case early. Because the presumption favors equal time, a parent arguing for an unequal schedule should gather concrete evidence — work schedules, distance between homes, the child's needs, and each parent's caregiving history — well before the first hearing.
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Recalculate expected support. The shift to a comparative-income model under HB 1662 changes support math. Run your numbers under the new higher-earner-pays-the-difference approach rather than relying on the old percentage-of-income guidelines in Miss. Code § 43-19-101.
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Know the domestic-violence exception. The 50-50 presumption does not apply where a history of family violence is established under Miss. Code § 93-5-24(9). If safety is a concern, raise it and document it — the presumption yields to that evidence.
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Revisit pending and modifiable orders. Parents with existing orders should consult counsel about whether HB 1662 affects future modification requests, since the presumption applies to how courts evaluate parenting time going forward.
If you are navigating a Mississippi custody or child-support question under the new law, connecting with a Mississippi family law attorney can help you understand how the 50-50 presumption applies to your specific circumstances and how the comparative-income support model changes your numbers.
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.