Creates presumption for joint custody equal parenting

Mississippi Legislative Events

Published April 6th, 2026

Detected April 7th, 2026

Summary

Mississippi Governor signed HB1662 into law on April 6, 2026, creating a rebuttable presumption in favor of joint custody with equal parenting time in all custody matters under Section 93-5-24 of the Mississippi Code. The bill passed unanimously in the House (118-0) and with strong Senate support (52-0, conference report 39-10), establishing that courts must document reasons for deviating from the equal parenting presumption unless both parents petition otherwise.

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What changed

Mississippi has enacted HB1662, amending Section 93-5-24 of the Mississippi Code to establish a rebuttable presumption favoring joint custody with equally shared parenting time in all custody determinations. The presumption may be rebutted by a preponderance of the evidence, and courts are required to document reasons for any deviation unless both parents jointly petition for a different arrangement. The bill also addresses child support calculation methodology when courts award joint custody with equal parenting time.

Legal professionals handling family law matters in Mississippi courts should prepare for the operational impact of this presumption, which shifts the default baseline in custody proceedings. Courts must now provide written justification when departing from the equal parenting presumption. The effective date is April 6, 2026, and the law applies to all custody determinations going forward. No specific penalties are outlined, but parties seeking deviation from equal parenting must meet the preponderance of evidence standard and secure documented court reasoning.

What to do next

Review custody agreements and pending cases to assess impact of new equal parenting presumption
Update internal templates and litigation strategies to account for new rebuttal burden and documentation requirements
Consult with family law specialists on child support calculation adjustments for equal parenting arrangements

Source document (simplified)

ChangeBridge / Mississippi / HB1662 Signed by Governor HB1662 House Bill Signed by Governor 2026-04-06

Joint custody matters; create rebuttable presumption in favor of.

An Act To Amend Section 93-5-24, Mississippi Code Of 1972, To Create A Rebuttable Presumption In Favor Of Joint Custody With Equal Parenting Time In All Custody Matters; To Provide That The Presumption Shall Be Rebuttable By A Preponderance Of The Evidence; To Provide For The Calculation Of Child Support Where The Court Awards Joint Custody With Equally Shared Parenting Time; To Require A Court To Document The Reasons From Deviating From The Presumption Unless Both Parents Petition For A Deviation; To Clarify That This Section Shall Apply To All Custody Determinations; And For Related Purposes.

Bill Details

State Mississippi

Session 2026 Regular Session

Chamber House

Official Source billstatus.ls.state.ms.us/2026/pdf/history...

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Action History

2026-04-06 S Enrolled Bill Signed 2026-04-06 H Enrolled Bill Signed 2026-04-01 S Conference Report Adopted 2026-03-31 H Conference Report Adopted 2026-03-30 H Conference Report Filed 2026-03-30 S Conference Report Filed 2026-03-30 S Conferees Named Wiggins,McCaughn,Fillingane 2026-03-30 H Conferees Named Hood,Aguirre,Yates 2026-03-26 H Decline to Concur/Invite Conf 2026-03-09 S Returned For Concurrence 2026-03-05 S Passed As Amended 2026-03-05 S Amended 2026-02-26 S Title Suff Do Pass As Amended 2026-02-19 S Referred To Judiciary, Division A 2026-02-12 H Transmitted To Senate 2026-02-11 H Passed 2026-02-02 H Title Suff Do Pass 2026-01-19 H Referred To Judiciary A

Votes

2026-02-11 House Passed Yea: 118 Nay: 0 2026-03-05 Senate Passed As Amended Yea: 52 Nay: 0 2026-03-31 House Conference Report Adopted Yea: 92 Nay: 8 2026-04-01 Senate Conference Report Adopted Yea: 39 Nay: 10

Committee Referrals

2026-01-19 H Judiciary A 2026-02-19 S Judiciary, Division A

Amendments

0000-00-00 Senate Committee Amendment No 1

Bill Text Versions

2026-01-22 Introduced 2026-02-12 Engrossed 2026-04-06 Enrolled Legislative data powered by LegiScan (CC BY 4.0)

Named provisions

Section 93-5-24 - Joint Custody Matters Rebuttable Presumption in Favor of Equal Parenting Child Support Calculation for Equal Parenting Documentation Requirements for Deviation