Mississippi bill would make 50-50 custody the default for divorcing parents
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JACKSON, Miss. (WLBT) – If you are a Mississippi parent going through a divorce, a bill moving through the state legislature could soon change the way a judge decides how much time you spend with your children.
House Bill 1662 would create a rebuttable presumption in favor of joint custody with equal parenting time, meaning courts would automatically start every custody case at a 50-50 split. A judge could still award a different arrangement, but would be required to document the reasons in writing.
The bill also goes further than simply splitting time. It introduces the concept of “equal parenting time,” requiring courts to look at specific hours and days to ensure both parents are getting an equal share.
“It’s what we call a rebuttable presumption,” said Mike Malouf Jr., a family law attorney at Malouf & Malouf in Jackson. “It’ll be a presumption that there’ll be 50-50 joint custody, but it goes a little bit further than that. This also goes into a concept called ‘equal time.’ So, they’re going to get a little more specific, looking at hours and days to make sure that we’re getting equal parenting time.”
The bill would also change how child support is calculated. Under current Mississippi law, child support is based primarily on the income of the higher-earning parent. Under HB 1662, courts would be required to compare both parents’ incomes and calculate the difference, potentially changing what you pay or receive each month.
“The child support issue is going to be a big issue if there’s a presumption of 50-50,” Malouf said. “We may see it where it starts looking at both parents’ income to see the difference in income, and if there needs to be additional support there.”
The bill includes an exception for domestic violence. If a parent has a history of family violence, a judge can deviate from the 50-50 default. But Malouf says that exception worries him.
“I believe there will be a problem with it because it’s going to encourage one partner or one spouse to go file these domestics,” he said. “We already see that now. People wrongfully file domestic charges to get some type of advantage in the custody battle.”
HB 1662 passed both the House and Senate, but in different versions.
The House declined to accept the Senate’s amendments on March 26, sending the bill to a conference committee.
A small group of lawmakers from both chambers must now agree on a single final version, and both the House and Senate must approve it before the legislative session ends.
If the bill is signed into law, it would take effect July 1, 2026.
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