Joint custody matters; create rebuttable presumption in favor of., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary A

By: Representative

House Bill 1662

(As Sent to Governor)

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.

(d)  Physical and legal
custody to either parent pursuant to subsections (2) through (7).

(e)  Upon a finding by
the court that both of the parents of the child have abandoned or deserted such
child or that both such parents are mentally, morally or otherwise unfit to
rear and train the child the court may award physical and legal custody to:

(i)  The person in
whose home the child has been living in a wholesome and stable environment; or

(ii)  Physical and
legal custody to any other person deemed by the court to be suitable and able
to provide adequate and proper care and guidance for the child.

In making an order for
custody to either parent or to both parents jointly, the court, in its
discretion, may require the parents to submit to the court a plan for the
implementation of the custody order.

(2) * * *Joint custody may be awarded where irreconcilable
differences is the ground for divorce, in the discretion of the court, upon
application of both parents. (a)  (i)  There shall be a
rebuttable presumption that joint custody and equally shared parenting time is
in the best interest of the child.  If the court grants joint custody and
equally shared parenting time, the court shall construct a parenting time
schedule which maximizes the time each parent has with the child and ensures
the best interest of the child is met.

(ii)  The presumption
created in subparagraph (i) of this paragraph shall be rebuttable by a
preponderance of the evidence.  A court that does not award joint custody with
equally shared parenting time shall document the reasons for deviating from the
presumption.

(b)  The presumption
that joint custody is in the best interest of the child may be rebutted:

(i)  If the
parties have reached an agreement on all issues related to custody of the child
or children;

(ii)  If the
court finds by a preponderance of the evidence that the other parent's absence,
mental illness, substance abuse or such other circumstances are against the
best interest of the child or children;

(iii)  If the
rebuttable presumption described in subsection 7(a) of this section is
established by the evidence;

(iv)  If one (1)
parent is a registered sex offender or in the custody of the Mississippi
Department of Corrections; or

(v)  Any other
relevant factor that the court deems material.

(c)  To calculate
child support for joint custody with equally shared parenting time, unless the
court determines a deviation from this paragraph is in the best interest of the
child, the court shall:

(i)  Calculate a
child-support award under the guidelines of Section 43-19-101 for each parent
as if each parent was the obligor;

(ii)  Calculate
the difference in the two (2) awards by subtracting the lesser award from the
larger award; and

(iii)  Order the
difference in the two (2) awards to be paid by the parent who has the higher
adjusted gross income to the parent with the lower adjusted gross income.

(d)  Upon petition
of both parents, the court may grant legal and/or physical custody to one (1)
parent without documenting a reason for deviation.

(e)  The rebuttable
presumption of joint custody authorized by this subsection (2) shall only apply
to initial temporary custody orders and initial final custody orders entered by
this court after July 1, 2026.
The presumption authorized by this subsection shall not be applied to
modifications of any custody orders entered before or after July 1, 2026.

* * * (3)  In other cases, joint custody may be awarded, in the
discretion of the court, upon application of one or both parents.

(4)
There shall be a presumption that joint custody is in the best interest of a
minor child where both parents have agreed to an award of joint custody.

( * * *53)  (a)  For the purposes of this
section, "joint custody" means joint physical and legal custody.

(b)  For the purposes
of this section, "physical custody" means those periods of time in
which a child resides with or is under the care and supervision of one (1) of
the parents.

(c)  For the purposes
of this section, "joint physical custody" means that each of the
parents shall have significant periods of physical custody * * *.  Joint physical custody shall be shared by the parents
in such a way so as to assure a child of frequent and continuing contact with
both parents with parenting time to be awarded as set forth in
subsection (2).

(d)  For the purposes
of this section, "legal custody" means the decision-making rights,
the responsibilities and the authority relating to the health, education and
welfare of a child.

(e)  For the purposes
of this section, "joint legal custody" means that the parents or parties
share the decision-making rights, the responsibilities and the authority
relating to the health, education and welfare of a child.  An award of joint
legal custody obligates the parties to exchange information concerning the
health, education and welfare of the minor child, and to confer with one
another in the exercise of decision-making rights, responsibilities and
authority.

An award of joint physical
and legal custody obligates the parties to exchange information concerning the
health, education and welfare of the minor child, and unless allocated,
apportioned or decreed, the parents or parties shall confer with one another in
the exercise of decision-making rights, responsibilities and authority.

( * * *64)  Any order for joint custody may be
modified or terminated upon the petition of both parents or upon the petition
of one (1) parent showing that a material change in circumstances has occurred.

( * * *75)  There shall be no presumption that
it is in the best interest of a child that a mother be awarded either legal or
physical custody.

( * * *86)  Notwithstanding any other provision
of law, access to records and information pertaining to a minor child,
including, but not limited to, medical, dental and school records, shall not be
denied to a parent because the parent is not the child's custodial parent.

( * * *97)  (a)  (i)  In every proceeding where
the custody of a child is in dispute, there shall be a rebuttable presumption
that it is detrimental to the child and not in the best interest of the child
to be placed in sole custody, joint legal custody or joint physical custody of
a parent who has a history of perpetrating family violence.  The court may find
a history of perpetrating family violence if the court finds, by a
preponderance of the evidence, one (1) incident of family violence that has
resulted in serious bodily injury to, or a pattern of family violence against,
the party making the allegation or a family household member of either party.
The court shall make written findings to document how and why the presumption
was or was not triggered.

(ii)  This
presumption may only be rebutted by a preponderance of the evidence.

(iii)  In
determining whether the presumption set forth in this subsection * * *(9) has been overcome, the court shall consider
all of the following factors:

1.  Whether
the perpetrator of family violence has demonstrated that giving sole or joint
physical or legal custody of a child to the perpetrator is in the best interest
of the child because of the other parent's absence, mental illness, substance
abuse or such other circumstances which affect the best interest of the child
or children;

2.  Whether
the perpetrator has successfully completed a batterer's treatment program;

3.  Whether
the perpetrator has successfully completed a program of alcohol or drug abuse
counseling if the court determines that counseling is appropriate;

4.  Whether
the perpetrator has successfully completed a parenting class if the court
determines the class to be appropriate;

5.  If the
perpetrator is on probation or parole, whether he or she is restrained by a
protective order granted after a hearing, and whether he or she has complied
with its terms and conditions; and

6.  Whether
the perpetrator of domestic violence has committed any further acts of domestic
violence.

(iv)  The court
shall make written findings to document how and why the presumption was or was
not rebutted.

(b)  (i)  If custody is
awarded to a suitable third person, it shall not be until the natural
grandparents of the child have been excluded and such person shall not allow
access to a violent parent except as ordered by the court.

(ii)  If the court
finds that both parents have a history of perpetrating family violence, but the
court finds that parental custody would be in the best interest of the child,
custody may be awarded solely to the parent less likely to continue to
perpetrate family violence.  In such a case, the court may mandate completion
of a treatment program by the custodial parent.

(c)  If the court finds
that the allegations of domestic violence are completely unfounded, the
chancery court shall order the alleging party to pay all court costs and
reasonable attorney's fees incurred by the defending party in responding to
such allegations.

(d)  (i)  A court may
award visitation by a parent who committed domestic or family violence only if
the court finds that adequate provision for the safety of the child and the
parent who is a victim of domestic or family violence can be made.

(ii)  In a
visitation order, a court may take any of the following actions:

1.  Order an
exchange of the child to occur in a protected setting;

2.  Order
visitation supervised in a manner to be determined by the court;

3.  Order the
perpetrator of domestic or family violence to attend and complete to the
satisfaction of the court a program of intervention for perpetrators or other
designated counseling as a condition of visitation;

4.  Order the
perpetrator of domestic or family violence to abstain from possession or
consumption of alcohol or controlled substances during the visitation and for
twenty-four (24) hours preceding the visitation;

5.  Order the
perpetrator of domestic or family violence to pay a fee to defray the cost of
supervised visitation;

6.  Prohibit
overnight visitation;

7.  Require a
bond from the perpetrator of domestic or family violence for the return and
safety of the child; or

8.  Impose any
other condition that is deemed necessary to provide for the safety of the
child, the victim of family or domestic violence, or other family or household
member.

(iii)  Whether or
not visitation is allowed, the court may order the address of the child or the
victim of family or domestic violence to be kept confidential.

(e)  The court may
refer but shall not order an adult who is a victim of family or domestic
violence to attend counseling relating to the victim's status or behavior as a
victim, individually or with the perpetrator of domestic or family violence, as
a condition of receiving custody of a child or as a condition of visitation.

(f)  If a court allows
a family or household member to supervise visitation, the court shall establish
conditions to be followed during visitation.

SECTION 2.  This act
shall take effect and be in force from and after July 1, 2026.