Mississippi creates joint-custody presumption for certain initial orders

Mississippi enacted a rebuttable presumption that joint custody and equally shared parenting time is in a child's best interest. House Bill 1662, chapter 467, was approved April 8, 2026 and states that it took effect July 1, 2026.

The statute limits the subsection's presumption to initial temporary and initial final custody orders entered after July 1, 2026. It expressly says the presumption does not apply to modifications of custody orders entered before or after that date. The presumption may be rebutted by a preponderance of the evidence. A court that does not award joint custody with equally shared parenting time must document its reasons, although the act permits an award to one parent without documenting a deviation when both parents petition for that result.

The act lists grounds on which the presumption may be rebutted, including the parties' agreement on all custody issues, certain circumstances found contrary to the child's best interest, and establishment of the separate family-violence presumption. It also lists any other relevant factor the court deems material. If joint custody and equal parenting time are awarded, the court must construct a schedule maximizing each parent's time while ensuring the child's best interest.

For child support in such an arrangement, the act directs calculation of each parent's guideline award as if each were the obligor and payment of the difference by the higher-income parent to the lower-income parent, unless the court determines a deviation is in the child's best interest. The distinct family-violence provisions and the rest of the statute remain relevant in an individual case.