Mississippi lawmakers sent House Bill 1662 to Governor Tate Reeves on April 1, 2026, giving him until April 13 to sign, veto, or allow the bill to become law without signature. If enacted, HB 1662 establishes a rebuttable presumption of joint legal and physical custody with equal parenting time in all Mississippi child custody disputes starting July 1, 2026, making Mississippi the 6th US state with a mandatory 50-50 custody presumption.
Key Facts
| Item | Detail |
|---|---|
| What happened | Mississippi Legislature passed HB 1662 creating rebuttable 50-50 joint custody presumption |
| When | Sent to Gov. Tate Reeves on April 1, 2026; action deadline April 13, 2026 |
| Effective date | July 1, 2026 (if signed) |
| Who's affected | All Mississippi parents in contested custody cases |
| Key statute amended | Miss. Code Ann. § 93-5-24 (child custody awards) |
| Domestic violence exception | Presumption does not apply if court finds history of family violence by preponderance of evidence |
| National context | Mississippi would become 6th state with mandatory joint custody presumption |
Why This Ruling Changes Mississippi Custody Law
HB 1662 shifts the legal starting point in every contested custody case from a best-interests analysis to a presumption of equal time. Under current Mississippi law, courts apply the 12-factor Albright test from the 1983 Mississippi Supreme Court decision Albright v. Albright, 437 So. 2d 1003, weighing considerations like age of the child, parenting capacity, and home stability without any preset formula. The new bill flips that framework — judges must begin at 50-50 and require the parent seeking unequal time to prove by a preponderance of evidence that equal parenting time harms the child.
The practical effect is substantial. In roughly 60-70% of contested Mississippi custody cases prior to this bill, primary physical custody was awarded to one parent with the other receiving standard visitation (typically every other weekend plus holidays). Under HB 1662, that outcome now requires affirmative proof to deviate from equal time, reversing the evidentiary burden that has historically favored primary-custodian outcomes. Mississippi joins Kentucky (2018), Arkansas (2021), Missouri (2023), West Virginia (2022), and Florida (2023) — the five states with existing mandatory joint custody presumptions.
How Mississippi Law Currently Handles Custody
Mississippi courts currently decide custody under Miss. Code Ann. § 93-5-24, which permits joint custody but does not presume it. The controlling legal test remains the 12-factor Albright analysis, which considers: (1) age, health, and sex of the child; (2) continuity of care; (3) parenting skills; (4) employment and employment responsibilities; (5) physical and mental health of parents; (6) emotional ties; (7) moral fitness; (8) home, school, and community record; (9) preference of a child over 12 years old; (10) stability of the home environment; (11) other relevant factors; and (12) the best interest of the child.
Under Miss. Code Ann. § 93-5-23, Mississippi already bars custody or unsupervised visitation when a parent has been convicted of certain sex crimes, and under Miss. Code Ann. § 93-21-3, family violence protections exist independently of custody proceedings. HB 1662 builds on the existing domestic violence protection by carving it out of the new presumption — where a court finds a history of family violence by a preponderance of evidence, the 50-50 starting point does not apply.
Practical Takeaways for Mississippi Residents
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If you have a pending custody case scheduled after July 1, 2026, your evidentiary strategy should account for the new starting point. Requesting more than equal time now requires affirmative proof that equal time is contrary to the child's best interests.
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Document parenting involvement now. Journal contributions to daily caregiving — school pickups, homework, medical appointments, extracurriculars — because courts will weigh these when deciding whether to deviate from the 50-50 baseline.
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If family violence is a factor in your case, gather evidence before filing. Police reports, protective orders under Miss. Code Ann. § 93-21-1, medical records, and witness statements all support the preponderance-of-evidence finding that triggers the bill's domestic violence exception.
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Breastfeeding mothers with infants should prepare medical evidence. Although the bill contains no explicit infant exception, courts retain discretion to deviate from the presumption based on child-specific needs, and lactation schedules documented by a pediatrician support that deviation request.
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Existing custody orders entered before July 1, 2026 are not automatically modified. A modification under Miss. Code Ann. § 93-5-24(6) still requires a material change in circumstances, though the new presumption may factor into the post-modification analysis.
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Consult a Mississippi family law attorney before filing or responding to any custody petition after July 1, 2026. The strategic calculus shifts significantly under the new framework.
Frequently Asked Questions
Get Help With Your Mississippi Custody Case
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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.