Mississippi's custody landscape is 90 days from a historic reset. On April 1, 2026, lawmakers officially transmitted HB 1662 to Governor Tate Reeves, a bill that would make equal (50-50) joint custody the rebuttable presumption in every Mississippi divorce and custody case starting July 1, 2026. For the roughly 12,000 Mississippi families who file for divorce each year, the bill rewrites both the custody starting point and the child support formula.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Mississippi lawmakers sent HB 1662 to Governor Tate Reeves on April 1, 2026 |
| What it does | Creates a rebuttable presumption of joint physical custody with equal (50-50) parenting time |
| Effective date | July 1, 2026, if signed into law |
| Who is affected | All parents in new custody and modification cases filed on or after July 1, 2026 |
| Key exception | Documented family violence triggers a presumption against joint custody |
| Child support | New comparative-income formula replaces the current percentage-of-income model |
HB 1662 Fundamentally Changes the Custody Starting Point in Mississippi
Mississippi has operated under the Albright v. Albright, 437 So.2d 1003 (Miss. 1983), factor test for more than 40 years. Under Albright, judges weigh 12 factors with no built-in preference for either parent. In practice, primary custody has historically gone to one parent, typically the mother, with the other parent receiving standard visitation of every other weekend and one evening per week, roughly 80-20 parenting time.
HB 1662 replaces that open-ended framework with a clear default: every custody determination begins at 50-50 joint physical custody. The burden shifts to the parent opposing equal time to prove, by a preponderance of the evidence, that a different arrangement serves the child's best interest. That is a structural change, not a minor tweak. Courts will still consider best-interest factors, but the analytical starting line moves from "which parent should be primary" to "why should time not be equal."
The bill passed both chambers of the Mississippi Legislature with bipartisan support. The House approved the final conference committee report by a wide margin, and the Senate followed. Governor Reeves has not publicly stated whether he will sign, but he has voiced general support for fathers' rights legislation in past sessions.
How Mississippi Law Currently Handles Custody and What Changes on July 1
Under current Miss. Code Ann. Section 93-5-24, Mississippi courts apply the Albright factors when parents cannot agree on custody. Those 12 factors include the age and health of each parent, the continuity of care, moral fitness, emotional ties, and each parent's willingness to encourage a relationship with the other parent.
HB 1662 does not eliminate best-interest analysis. Instead, it layers a presumption on top of the existing framework. Here is how the new law would work in practice:
- The court starts every case with a presumption that joint physical custody with substantially equal parenting time (50-50) is in the child's best interest.
- Either parent may rebut the presumption by presenting evidence that equal time would harm the child. The standard is preponderance of the evidence, meaning "more likely than not."
- If there is a documented finding of family violence by either parent, the presumption flips: the court presumes joint custody is not in the child's best interest. The violent parent then bears the burden of proving otherwise.
- A new child support formula compares both parents' gross incomes and adjusts the support obligation based on the actual parenting-time split, replacing the current model under Miss. Code Ann. Section 43-19-101, which calculates support as a flat percentage of the noncustodial parent's adjusted gross income (14% for one child, 20% for two, 22% for three, up to 26% for five or more).
The family violence exception is significant. Mississippi courts already have authority to consider domestic violence under Miss. Code Ann. Section 93-5-24(5)(e), but HB 1662 elevates it from one factor among many to a presumption-defeating trigger. A parent with a documented protective order, criminal conviction, or judicial finding of family violence would face a legal presumption that joint custody is inappropriate.
What the New Child Support Formula Means for Mississippi Parents
Mississippi's current child support guidelines use a percentage-of-income model that applies fixed percentages to the noncustodial parent's adjusted gross income. For one child, the standard guideline is 14% of adjusted gross income. For two children, 20%. The custodial parent's income is not part of the base calculation.
HB 1662 moves to an income-shares model that factors in both parents' earnings and the actual time split. Under an income-shares approach, both parents' incomes are combined, a total child support obligation is calculated from a schedule, and each parent's share is proportional to their percentage of combined income. The parenting-time offset then reduces the higher-earning parent's obligation based on the number of overnights they have.
For a family where Parent A earns $60,000 and Parent B earns $40,000 with two children and a true 50-50 split, the net support transfer would be significantly smaller than under the current system. Under today's formula, if Parent A is the noncustodial parent, they pay roughly $1,000 per month (20% of $60,000 adjusted gross income divided by 12). Under an income-shares model with equal time, the offset could reduce that obligation to $200 to $400 per month, depending on the final schedule adopted.
Practical Takeaways for Mississippi Parents
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Cases filed before July 1, 2026, will be decided under current Albright law. If you are in the middle of a custody dispute, the new presumption does not apply retroactively. However, parents in post-divorce modification cases filed on or after July 1 would fall under the new framework.
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Document your parenting involvement now. Under a 50-50 presumption, courts will look at whether equal time is actually workable based on each parent's history, work schedule, and proximity to the child's school. Parents who can demonstrate consistent, hands-on involvement will be better positioned.
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Family violence documentation becomes even more critical. The bill creates a specific carve-out that flips the presumption when domestic violence is documented. If you are experiencing family violence, obtaining a protective order or filing a police report is not just a safety measure but a custody-relevant legal step.
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Expect child support recalculations in modification cases. Parents currently paying or receiving child support under the percentage-of-income model should anticipate that a modification filed after July 1 could use the new comparative-income formula. For some noncustodial parents, this could mean a significant reduction. For some custodial parents, it could mean reduced support.
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Watch the governor's office. Governor Reeves has 5 days (excluding Sundays) after the bill is presented to sign it, veto it, or allow it to become law without his signature. If he takes no action within that window, the bill becomes law automatically. There is no indication he intends to veto.
Frequently Asked Questions
Does HB 1662 guarantee every parent gets 50-50 custody in Mississippi?
No. HB 1662 creates a rebuttable presumption, not a guarantee. The 50-50 split is the starting point, but either parent can present evidence that a different arrangement serves the child's best interest. Judges retain discretion to order any schedule from sole custody to 50-50, but the parent seeking unequal time now carries the burden of proof.
When does the new Mississippi custody law take effect?
HB 1662 takes effect July 1, 2026, if Governor Reeves signs it or allows it to become law without his signature. Cases filed before July 1 will be decided under the existing Albright v. Albright factor test. Only new filings on or after July 1 fall under the 50-50 presumption framework.
How does HB 1662 change child support calculations in Mississippi?
The bill replaces Mississippi's flat percentage-of-income child support formula with a comparative-income model that considers both parents' gross incomes and the actual parenting-time split. Under the current system, a noncustodial parent of two children pays 20% of their adjusted gross income regardless of time spent. Under HB 1662, a parent with 50% parenting time and $60,000 income could see their obligation reduced from roughly $1,000/month to $200-$400/month.
Can a parent with a domestic violence history get 50-50 custody under the new law?
Unlikely. HB 1662 includes a specific family violence exception: when there is a documented finding of family violence (protective order, criminal conviction, or judicial determination), the presumption flips against joint custody. The parent with the violence finding must then prove by a preponderance of the evidence that joint custody would still serve the child's best interest, a difficult standard to meet.
Will HB 1662 affect existing Mississippi custody orders?
Existing custody orders remain in effect. However, if a parent files a modification petition on or after July 1, 2026, the new 50-50 presumption framework would apply to that modification proceeding. The parent seeking the modification still must show a material change in circumstances, which is the threshold for any custody modification under Miss. Code Ann. Section 93-5-24.
Mississippi is joining a growing national trend. More than 30 states have introduced or passed some form of shared-parenting presumption legislation since 2020. Kentucky enacted its 50-50 presumption in 2018 under KRS Section 403.270, and Arkansas followed in 2021 with Ark. Code Section 9-13-101. If Governor Reeves signs HB 1662, Mississippi becomes one of the strongest shared-parenting states in the country.
If you are facing a custody matter in Mississippi, now is the time to consult with a family law attorney who can advise you on how the transition from Albright to HB 1662 affects your specific situation.
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.