Mississippi legislation · 2026 Regular Session
Mississippi HB1662: Joint custody matters; create rebuttable presumption in favor of.
Status: Signed into law, April 8, 2026
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.
What the bill says
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…
From the enrolled text, April 6, 2026:
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. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 93-5-24, Mississippi Code of 1972, is amended as follows: 93-5-24. (1) Custody shall be awarded as follows according to the best interests of the child: (a) Physical and legal custody to both parents jointly pursuant to subsections (2) through (7). (b) Physical custody to both parents jointly pursuant to subsections (2) through (7) and legal custody to either parent. (c) Legal custody to both parents jointly pursuant to subsections (2) through (7) and physical custody to either parent. *HR43/R964SG* H. B. No. 1662 ~ OFFICIAL ~ G1/2 26/HR43/R964SG PAGE 1 (GT\KP) (d) Physical and legal custody to either parent pursuant to subsections (2) through (7). (e) Upon a finding by …