Mississippi's legislature sent HB 1662 to Governor Tate Reeves on April 1, 2026, after a conference committee agreement finalized the bill's language. If signed, every custody case filed on or after July 1, 2026, will begin with a rebuttable presumption of equal (50-50) parenting time — replacing the discretionary Albright factor test that Mississippi chancellors have used since 1983.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Mississippi Legislature passed HB 1662 and sent it to Gov. Reeves on April 1, 2026 |
| What it does | Creates a rebuttable presumption of 50-50 joint physical custody in all divorce and custody cases |
| Effective date | July 1, 2026 |
| Current law replaced | Albright v. Albright (1983) discretionary factor test under Miss. Code Ann. § 93-5-24 |
| Exceptions | Domestic violence, abuse, neglect — presumption does not apply |
| Child support impact | Rewrites support calculations for shared-custody arrangements under Miss. Code Ann. § 93-11-65 |
HB 1662 Fundamentally Changes How Mississippi Chancellors Decide Custody
Mississippi has been one of the last states to rely entirely on judicial discretion when awarding custody. Since the Mississippi Supreme Court decided Albright v. Albright in 1983, chancellors have weighed a list of factors — age and health of the child, continuity of care, moral fitness, employment stability, and several others — with no statutory starting point favoring either parent. According to Mississippi Today, HB 1662 replaces that open-ended analysis with a concrete legal presumption: equal time.
This is not a cosmetic change. Under current Miss. Code Ann. § 93-5-24, a chancellor can award sole physical custody to one parent and limit the other to every-other-weekend visitation without first considering a 50-50 arrangement. After July 1, 2026, chancellors must begin every case at equal parenting time and can deviate only when a parent presents clear and convincing evidence that equal custody would harm the child.
The conference committee agreement that finalized HB 1662 resolved differences between the House and Senate versions on two sticking points: the domestic violence exception and the child support recalculation formula. The final bill retains a carve-out that removes the equal-time presumption entirely when there is a documented history of domestic violence, child abuse, or neglect. This exception mirrors the approach taken by states like Kentucky, which passed its own 50-50 presumption in 2018 under KRS § 403.270 and has since reported a 10-15% reduction in custody litigation according to the National Parents Organization.
How Mississippi Law Currently Handles Custody — and What Changes
Under the current Albright framework, Mississippi chancellors evaluate roughly a dozen factors when deciding custody. The Mississippi Supreme Court has never ranked these factors or required any particular weight. In practice, this means outcomes can vary dramatically between chancellors and between counties. A parent in Hinds County might receive a different custody arrangement than a parent with nearly identical facts in DeSoto County.
HB 1662 changes three things simultaneously:
- Starting point: Every case begins at 50-50, not at zero. The parent seeking a different arrangement bears the burden of proof.
- Burden of proof: The bill requires "clear and convincing evidence" to overcome the presumption — a higher standard than the current "preponderance of the evidence" (more likely than not) standard chancellors use today.
- Child support calculations: Under current Miss. Code Ann. § 93-11-65, Mississippi uses a percentage-of-income model (14% for one child, 20% for two, 22% for three) that assumes one parent has primary custody. HB 1662 rewrites these calculations for cases where both parents have roughly equal time, reducing support obligations to reflect shared expenses.
The child support recalculation alone could affect thousands of Mississippi families. According to the Mississippi Department of Human Services, the state collected approximately $459 million in child support payments in federal fiscal year 2024. A shift toward equal-time arrangements would reduce individual obligation amounts in many cases, though the net impact on total collections remains to be seen.
What "Rebuttable Presumption" Actually Means in Court
A rebuttable presumption is a legal starting point that the court must accept as true unless a party presents sufficient evidence to overcome it. Mississippi chancellors already work with rebuttable presumptions in other family law contexts — for example, the presumption that a child born during a marriage is the biological child of the husband under Miss. Code Ann. § 93-9-10.
Under HB 1662, the presumption works as follows: the chancellor begins every custody determination assuming 50-50 physical custody serves the child's best interests. Either parent can then present evidence to rebut this presumption. Grounds for rebuttal include documented domestic violence, substance abuse, geographic distance making equal time impractical, a child's established school and community ties, or the child's own preference (Mississippi allows children age 12 and older to express a preference under current Albright caselaw).
The domestic violence exception is absolute. If a court finds credible evidence of domestic violence by one parent against the other parent or the child, the 50-50 presumption does not apply at all, and the chancellor reverts to the traditional best-interests analysis.
Practical Takeaways for Mississippi Parents
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Cases filed before July 1, 2026, will be decided under the current Albright factor test. If your divorce is already pending, HB 1662 does not apply to your initial custody determination. However, post-judgment modifications filed after July 1 may be subject to the new standard — this is an area where the bill's language is ambiguous and will likely require appellate clarification.
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Parents seeking more than 50% custody time after July 1 will need to prepare a stronger evidentiary case than they would today. Under the current system, a chancellor simply weighs the factors. Under HB 1662, you must overcome a presumption with clear and convincing evidence — gather documentation, maintain records, and work with your attorney to build a fact-specific case before filing.
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Child support obligations in shared-custody arrangements will decrease for many payors. If you currently pay support based on the percentage-of-income model and your case is modified after July 1, your obligation may be recalculated under the new shared-custody formula.
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The domestic violence exception is broad but requires documentation. If you are a survivor of domestic violence, gathering police reports, protective orders, medical records, and witness statements before your hearing is more important than ever. The exception removes the presumption entirely, but you must present the evidence.
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Governor Reeves has not publicly stated whether he will sign HB 1662, but he has until the end of April to act. If he takes no action, the bill becomes law without his signature. A veto would require a two-thirds override in both chambers.
Frequently Asked Questions
Does HB 1662 guarantee every parent gets 50-50 custody in Mississippi?
HB 1662 does not guarantee 50-50 custody in every case. The bill creates a rebuttable presumption, meaning chancellors start at equal time but can order a different arrangement when clear and convincing evidence shows 50-50 would not serve the child's best interests. Domestic violence, substance abuse, geographic distance, and the child's own preference (age 12+) are all valid grounds to overcome the presumption under the bill's final language.
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 proceed under the existing Albright factor test established by the Mississippi Supreme Court in 1983 under Miss. Code Ann. § 93-5-24. Only new filings on or after July 1 are subject to the rebuttable presumption.
How will HB 1662 change child support calculations in Mississippi?
Mississippi currently calculates child support using a percentage-of-income formula under Miss. Code Ann. § 93-11-65: 14% of adjusted gross income for one child, 20% for two children, and 22% for three. HB 1662 introduces a shared-custody offset formula that reduces individual obligations when both parents have near-equal parenting time, reflecting that each parent directly covers the child's expenses during their custodial period.
What happens to existing Mississippi custody orders after July 1?
Existing custody orders remain in effect and are not automatically modified by HB 1662. However, either parent can file a modification petition after July 1, 2026, potentially arguing that the new presumption constitutes a material change in circumstances. Whether chancellors will accept the new law itself as grounds for modification — without additional changed facts — is an open legal question that Mississippi appellate courts will likely need to address.
Does the domestic violence exception in HB 1662 require a criminal conviction?
The domestic violence exception in HB 1662 does not require a criminal conviction. The conference committee's final language allows chancellors to consider protective orders, police reports, medical records, testimony from witnesses, and other credible evidence of domestic violence when determining whether to remove the 50-50 presumption. This is consistent with how Mississippi chancellors currently evaluate domestic violence under the Albright factors.
Mississippi residents navigating custody decisions in 2026 should consult with a local family law attorney who understands both the current Albright framework and the upcoming changes under HB 1662.
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.