Mississippi HB 1662 landed on Governor Tate Reeves' desk on April 1, 2026, creating a rebuttable presumption that equal 50-50 joint custody and shared parenting time serve a child's best interest. If signed, the law takes effect July 1, 2026, making Mississippi the sixth state with a mandatory joint custody presumption and overhauling child support calculations under Miss. Code Ann. § 93-5-24 and Miss. Code Ann. § 43-19-101.
Key Facts
| Item | Detail |
|---|---|
| What happened | HB 1662 passed both chambers of the Mississippi Legislature and was transmitted to the Governor |
| When | Sent to Governor Tate Reeves on April 1, 2026; effective July 1, 2026 if signed |
| Where | Statewide — all 20 chancery court districts in Mississippi |
| Who's affected | Parents in new custody cases and pending modifications filed on or after July 1, 2026 |
| Key statutes | Amends Miss. Code Ann. § 93-5-24 (custody) and Miss. Code Ann. § 43-19-101 (child support) |
| Impact | Chancery courts must start every custody case at a 50-50 parenting time baseline |
Source: Mississippi Today, April 1, 2026.
Why This Matters Legally
HB 1662 flips the starting point of every Mississippi custody case from discretion to presumption. Under current Miss. Code Ann. § 93-5-24, chancery judges weigh the Albright factors — a 12-factor best-interest test established in Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) — with no default parenting schedule. Judges commonly land on a primary-residential-parent arrangement with every-other-weekend visitation for the non-custodial parent.
The bill rewrites that framework. Once HB 1662 takes effect on July 1, 2026, a chancellor must presume that awarding joint legal custody and equally shared physical custody is in the child's best interest. A parent who wants a different schedule bears the burden of rebutting that presumption with clear and convincing evidence — typically evidence of domestic violence, substance abuse, abandonment, or geographic impossibility. This is a significantly higher standard than the preponderance standard that governs most Albright-factor analysis today.
Mississippi would join Kentucky (the first state to adopt a 50-50 presumption in 2018), Arizona, Arkansas, Florida, and West Virginia as the sixth state with a mandatory joint-custody default. Three of those five states border Mississippi, creating a regional cluster where equal parenting is now the legal norm.
How Mississippi Law Handles This
Mississippi custody cases are decided exclusively in chancery court under Miss. Code Ann. § 93-5-24. The statute currently authorizes sole custody, joint custody, or any combination a chancellor finds appropriate, with no presumption favoring any arrangement. HB 1662 amends subsection (1) to insert the rebuttable 50-50 presumption and adds subsection (9), which lists the factors a court may consider when deciding whether a parent has overcome the presumption.
The bill also rewrites Miss. Code Ann. § 43-19-101, Mississippi's child support guidelines. Under current law, the non-custodial parent pays a flat percentage of adjusted gross income: 14% for one child, 20% for two, 22% for three, 24% for four, and 26% for five or more. That percentage-of-obligor model assumes one primary custodial parent.
HB 1662 replaces the percentage model with an income-shares calculation that compares both parents' gross incomes against a state-adopted schedule of basic child-rearing costs. When parenting time is equal, each parent's support obligation is offset against the other's, and the higher-earning parent pays the difference. This mirrors the structure used in Florida, Georgia, and roughly 40 other states.
For Mississippi parents, the practical change is dramatic. A father earning $60,000 who currently pays 14% ($8,400 per year) in support for one child under the old percentage model may owe substantially less — or nothing — under the new income-shares formula if the mother earns a comparable income and parenting time is equal.
Practical Takeaways
- If you have a pending custody case, ask your attorney whether filing before July 1, 2026 or after favors your position. Cases adjudicated before the effective date fall under the existing Albright framework without the 50-50 presumption.
- If you already have a custody order, HB 1662 does not automatically modify your existing judgment. A material change in circumstances is still required to reopen custody under Mississippi law. The new presumption applies only to modifications actually filed and heard after July 1, 2026.
- Parents seeking to rebut the 50-50 presumption should document safety concerns now. Police reports, CPS records, medical records, and protective orders carry significantly more weight under a clear-and-convincing standard than under a preponderance standard.
- High-earning parents should model child support under both the current percentage formula and the proposed income-shares formula. The difference in annual obligation can exceed $5,000 in many middle-income households.
- Parents who live more than 45 minutes apart should consider relocation logistics now. Equal parenting time is nearly impossible to sustain across long distances during the school year, and courts will expect concrete transportation plans.
- Self-employed parents should expect increased scrutiny of income. Income-shares calculations require both parents to disclose gross income, deductions, and self-employment expenses in far greater detail than the current Rule 8.05 financial statement requires.
Frequently Asked Questions
When would HB 1662 take effect in Mississippi?
If Governor Tate Reeves signs HB 1662, the law takes effect July 1, 2026. The Governor has five days after transmittal under the Mississippi Constitution to sign, veto, or allow the bill to become law without signature. The bill was transmitted on April 1, 2026.
Does HB 1662 automatically change my existing Mississippi custody order?
No. HB 1662 does not retroactively modify custody judgments entered before July 1, 2026. Mississippi still requires a material change in circumstances adversely affecting the child under Miss. Code Ann. § 93-5-24 to modify custody. The new 50-50 presumption applies only to cases filed or modifications sought after the effective date.
How can a Mississippi parent rebut the 50-50 joint custody presumption?
A parent must present clear and convincing evidence that equal parenting time is not in the child's best interest. Typical grounds include documented domestic violence, substance abuse within the past 24 months, child abuse or neglect findings, abandonment, or geographic separation that makes equal time logistically impossible during the school year.
Will Mississippi child support payments decrease under HB 1662?
Many obligors will see reduced payments. The current percentage-of-obligor model under Miss. Code Ann. § 43-19-101 charges 14% of adjusted gross income for one child. The new income-shares formula compares both parents' incomes, which typically lowers obligations when incomes are similar and parenting time is equal.
How many states have a 50-50 joint custody presumption?
Five states currently require a rebuttable presumption of equal joint custody: Kentucky (adopted 2018), Arizona, Arkansas, Florida, and West Virginia. If Governor Reeves signs HB 1662 on or before April 6, 2026, Mississippi becomes the sixth state with this default framework effective July 1, 2026.
If you have a Mississippi custody case pending or are considering filing for divorce, speak with a Mississippi family law attorney about how HB 1662 affects your timing and strategy. Our directory lists one exclusive family law firm per Mississippi county.
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.