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By Tyler Broome, attorney, Family and Disability Law Firm, P.A.
Mississippi joint custody law changed on July 1, 2026. Under House Bill 1662, chancery courts now start from a presumption that joint custody with equally shared parenting time is in a child’s best interest. A parent can still rebut that presumption, and it applies only to first custody orders entered after July 1, 2026.
If you have a custody question, call Chhabra, Gibbs & Gustavis, P.A. at 601-948-8005 to schedule a consultation with our affiliated Mississippi family law firm.
What Did House Bill 1662 Change?
Before this law, Mississippi judges had wide discretion over joint custody. In an irreconcilable differences divorce, a court could award joint custody only if both parents applied for it. The old statute presumed joint custody was best only when both parents agreed to it.
The Legislature passed House Bill 1662, and the Governor approved it on April 8, 2026. The bill amended Miss. Code § 93-5-24, the main custody statute. It took effect July 1, 2026.
The new rule is short. Courts now presume that joint custody and equally shared parenting time serve the child’s best interest. When a judge grants joint custody, the judge must build a parenting time schedule that maximizes each parent’s time with the child. That schedule still has to meet the child’s best interest.
The bill also states that the section applies to all custody determinations, not only divorces.
What does “joint custody” mean here? Under the statute, joint custody means joint physical and joint legal custody. Physical custody covers the time a child lives with, or is cared for by, each parent. Legal custody covers decisions about the child’s health, education, and welfare. Parents with joint legal custody must share information and confer on those decisions.
Does the Mississippi Joint Custody Law Apply to Your Case?
Timing matters most. The presumption applies only to initial temporary custody orders and initial final custody orders entered after July 1, 2026.
The statute says the presumption does not apply to modifications of custody orders. That is true whether the original order came before or after July 1, 2026. A parent with an existing order does not get equal time automatically because the law changed.
The statute still allows a court to modify a joint custody order when both parents ask. It also allows a change when one parent shows a material change in circumstances. Other modification rules come from Mississippi case law, and exceptions may apply.
When Can a Parent Rebut the Joint Custody Presumption?
The presumption is rebuttable by a preponderance of the evidence. That means the parent opposing equal time must show it is more likely than not that another arrangement is better for the child. A judge who does not award joint custody with equal time must document the reasons.
HB 1662 lists situations that can rebut the presumption:
Agreement. The parents have reached an agreement on all custody issues.
The other parent’s circumstances. The court finds that the other parent’s absence, mental illness, substance abuse, or similar circumstances are against the child’s best interest.
Family violence. Mississippi law already presumes it is harmful to place a child in the custody of a parent with a history of family violence. That presumption still controls when the evidence supports it.
Sex offender registration or prison. One parent is a registered sex offender or is in the custody of the Mississippi Department of Corrections.
Other material factors. The court may weigh any other relevant factor it finds material.
When both parents petition for it, the court may also give legal or physical custody to one parent without documenting a reason. Mississippi chancellors still look at the child’s best interest, often using the factors from Albright v. Albright, a 1983 Mississippi Supreme Court case.
How Is Child Support Calculated With Equal Parenting Time?
Mississippi’s child support guidelines in Miss. Code § 43-19-101 use a percentage of the paying parent’s adjusted gross income. The percentages are 14% for one child, 20% for two, 22% for three, 24% for four, and 26% for five or more. Adjusted gross income is income after taxes, Social Security, and mandatory retirement contributions, with some other adjustments.
HB 1662 adds a formula for cases with joint custody and equal parenting time. Unless the court finds a different approach is in the child’s best interest, the judge must:
Step 1. Calculate a guideline award for each parent as if each parent were the one paying.
Step 2. Subtract the smaller award from the larger award.
Step 3. Order the parent with the higher adjusted gross income to pay the difference to the other parent.
A simple example. This is a hypothetical, not a prediction for any case. Suppose one child, with Parent A earning $4,000 a month and Parent B earning $2,500 a month in adjusted gross income. At 14%, Parent A’s award would be $560 and Parent B’s would be $350. Parent A would pay Parent B the $210 difference each month.
Real cases are rarely that clean. Courts can still deviate from the guidelines under Miss. Code § 43-19-103 for things like extraordinary medical costs or a child’s special needs. Every support order must also address health insurance and medical support.
What Should Parents Do Now?
If your custody case has not reached a first order yet, the new Mississippi joint custody law will likely shape it. A few practical steps help either way.
Keep records of your involvement. Save school, medical, and activity records that show your role in your child’s daily life.
Think about a real schedule. Equal time works only if both homes can handle school runs, work hours, and distance. Write down a schedule you could actually follow.
Raise safety concerns early. If you have concerns about abuse, substance use, or family violence, document them and tell your attorney right away.
Put agreements in writing. If you and the other parent agree, a written agreement presented to the court can avoid a contested fight.
If a divorce is part of the picture, our post on steps for an uncontested divorce in Mississippi explains that process. You can also read about how long it takes to get a hearing date in family law matters.
How Family and Disability Law Firm, P.A. Can Help
The founding members of Chhabra, Gibbs & Gustavis, P.A. formed Family and Disability Law Firm, P.A. as an affiliated firm. It handles divorce, child custody and visitation, child support, contempt, and other chancery matters. Attorney Tyler Broome leads the firm.
You can learn more about our family law and disability practice, including divorce, custody, and support cases. Protecting Victims. Pursuing Justice.
Talk With a Mississippi Custody Lawyer
If you are facing a custody decision under the new law, talk with a lawyer before you sign an agreement or go to court. Call CGG Law at 601-948-8005 or toll-free at (877) 317-8005. You can also contact us online or visit our page on divorce, custody, and child support help.
This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Attorney advertising.
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