Mississippi Governor Tate Reeves signed House Bill 1662 on April 8, 2026, and it took effect July 1, 2026, creating a rebuttable presumption that joint custody with equally shared (50-50) parenting time serves a child's best interest. The law amends Miss. Code § 93-5-24, shifts child support to an income-shares model, and preserves a family-violence exception.
Key Facts
| Item | Detail |
|---|---|
| What happened | HB1662 created a rebuttable presumption favoring 50-50 joint physical and legal custody |
| When | Signed April 8, 2026; effective July 1, 2026 |
| Where | Mississippi (statewide, all chancery courts) |
| Who's affected | Divorcing and separating parents with minor children |
| Key statute | Miss. Code § 93-5-24 (custody), income-shares support amendment |
| Impact | Replaces Albright 12-factor default; adds family-violence exception |
Why this matters legally
HB1662 changes the starting point for every contested custody case filed in Mississippi on or after July 1, 2026. Before this law, Mississippi chancellors began with the Albright factors — a 12-factor best-interest analysis from Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) — with no thumb on the scale toward either parent. Now the court begins with a legal presumption that equal parenting time serves the child, and the parent opposing joint custody carries the burden of rebutting it with evidence.
This is a rebuttable presumption, not a mandate. A chancellor can still order sole or primary custody, but the parent seeking that outcome must now affirmatively prove that 50-50 custody would harm the child. That burden shift is the single most consequential change. It moves Mississippi into a growing group of states — including Kentucky (2018) and Arkansas (2021) — that have codified joint-custody presumptions, reflecting a national trend toward shared parenting after separation.
The Albright factors do not disappear. They become the framework a court uses to decide whether the presumption has been rebutted, rather than the default lens applied from the outset. Understanding child custody arrangements under this new standard is essential for any Mississippi parent entering a custody dispute.
How Mississippi law handles this
Under amended Miss. Code § 93-5-24, joint custody now encompasses both joint legal custody (shared decision-making) and joint physical custody with equally divided residential time. The statute directs chancery courts to presume that this arrangement advances the child's best interest, absent evidence to the contrary.
The law carves out a critical family-violence exception. Where a court makes a finding of domestic or family violence under Mississippi's existing statutory framework, the presumption flips against joint custody. In those cases the court begins from the opposite position — that shared 50-50 custody does not serve the child — protecting survivors and children from forced co-parenting with an abuser. This exception mirrors protections in Miss. Code § 93-5-24's domestic-violence provisions and aligns with the safety-first approach Mississippi courts already apply.
HB1662 also amends Mississippi's child support methodology, moving from a flat percentage-of-income guideline toward an income-shares model. The prior guideline under Miss. Code § 43-19-101 set support as a percentage of the non-custodial parent's adjusted gross income — 14 percent for one child, 20 percent for two, up to 26 percent for five or more. The income-shares approach instead combines both parents' incomes to estimate what they would have spent on the child in an intact household, then divides that obligation proportionally. Equal parenting time under the new custody presumption directly affects these calculations, because time-sharing is a variable in most income-shares formulas.
Parents can estimate the practical effect using our child support calculator and model residential schedules with the parenting-time calculator. Building a workable parenting plan becomes more important than ever, because courts starting from a 50-50 baseline will expect parents to demonstrate how equal time functions logistically.
Practical takeaways
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Assume 50-50 is the starting point. If you are a Mississippi parent filing for custody on or after July 1, 2026, the court will presume equal parenting time serves your child. Plan your case around rebutting or supporting that presumption with concrete evidence.
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Document everything relevant to the child's best interest. Because the Albright factors now govern rebuttal, keep records of caregiving history, school involvement, stability, and each parent's ability to co-parent.
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If family violence is present, raise it early and support it with evidence. A judicial finding of domestic or family violence flips the presumption against joint custody. Protective orders, police reports, and medical records matter.
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Recalculate support under the new income-shares model. The shift from percentage-of-income to income-shares can materially change what you pay or receive. Run current numbers before assuming your prior estimate holds.
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Draft a functional 50-50 parenting plan. Courts will expect realistic logistics — exchange schedules, holiday rotations, and decision-making protocols. Learn how a custody evaluation may factor in if the arrangement is contested.
If you are navigating a Mississippi custody case under the new law, a personalized divorce roadmap can help you map your next steps, and you can find a divorce attorney who practices in your county to evaluate how HB1662 applies to your specific facts.
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.