Mississippi Moves Toward 50/50 Parenting Time as the Starting Point in Custody Cases

A significant shift is underway in Mississippi family law. Lawmakers created legislation that makes equal (50/50) parenting time the default starting point in child custody cases.

What’s Changing?

Currently, Mississippi courts determine custody based on the “best interests of the child” standard. While joint custody is already an option, it was not the presumed starting point. The new legislation changes that.

Judges now begin custody proceedings with the presumption that both parents should have equal time with their children, unless evidence shows that arrangement would be harmful.

Why This Matters

• More predictable outcomes for parents
• Reduced litigation costs and emotional stress
• Better long-term outcomes for children in many cases
• Stronger incentive for both parents to remain involved

What This Means for You

If you are currently involved in a custody dispute or anticipate one, this potential change could significantly impact your case. Courts may be more inclined to award equal parenting time than in previous years.

However, the “best interests of the child” standard will still apply. Factors such as domestic violence, substance abuse, or inability to co-parent effectively can still overcome the 50/50 presumption.

How We Can Help

At Lowrey, Fortner, & Miri P.A., our family law team stays on top of every legislative change that affects Mississippi families. Whether you’re facing a custody modification, initial custody determination, or simply want to understand how these changes may impact your situation, we are here to provide clear, strategic guidance.