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

A significant shift is underway in Mississippi family law. Lawmakers passed House Bill 1662, which makes equal (50/50) parenting time the presumptive starting point in child custody cases. The bill was signed in April 2026 and applies to initial custody orders, temporary or final, entered after July 1, 2026, even in cases filed earlier, but never to modifications.

What’s Changing?

Before July 1, 2026, Mississippi courts decided custody under the “best interests of the child” standard, and joint custody was presumed only when both parents agreed to it. The new legislation changes that for initial custody orders.

For initial custody orders entered after July 1, 2026, judges begin custody proceedings with a rebuttable presumption that both parents should have equal time with their children, unless the evidence overcomes that presumption, for example through proof of domestic violence, abuse, or other circumstances showing equal time would not serve the child.

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 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 an initial custody determination or simply want to understand how these changes may impact your situation, we are here to provide clear, strategic guidance. Our Hattiesburg divorce lawyers handle custody and parenting-time cases in the Forrest County and Lamar County chancery courts.