Joint custody matters; create rebuttable presumption in favor of.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Aguirre

HOUSE BILL NO. 1662
(As Sent to Governor)

AN ACT TO AMEND SECTION 93-5-24, MISSISSIPPI CODE OF 1972, TO 1
CREATE A REBUTTABLE PRESUMPTION IN FAVOR OF JOINT CUSTODY WITH 2
EQUAL PARENTING TIME IN ALL CUSTODY MATTERS; TO PROVIDE THAT THE 3
PRESUMPTION SHALL BE REBUTTABLE BY A PREPONDERANCE OF THE 4
EVIDENCE; TO PROVIDE FOR THE CALCULATION OF CHILD SUPPORT WHERE 5
THE COURT AWARDS JOINT CUSTODY WITH EQUALLY SHARED PARENTING TIME; 6
TO REQUIRE A COURT TO DOCUMENT THE REASONS FROM DEVIATING FROM THE 7
PRESUMPTION UNLESS BOTH PARENTS PETITION FOR A DEVIATION; TO 8
CLARIFY THAT THIS SECTION SHALL APPLY TO ALL CUSTODY 9
DETERMINATIONS; AND FOR RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. Section 93-5-24, Mississippi Code of 1972, is 12
amended as follows: 13
93-5-24. (1) Custody shall be awarded as follows according 14
to the best interests of the child: 15
(a) Physical and legal custody to both parents jointly 16
pursuant to subsections (2) through (7). 17
(b) Physical custody to both parents jointly pursuant 18
to subsections (2) through (7) and legal custody to either parent. 19
(c) Legal custody to both parents jointly pursuant to 20
subsections (2) through (7) and physical custody to either parent. 21
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(d) Physical and legal custody to either parent 22
pursuant to subsections (2) through (7). 23
(e) Upon a finding by the court that both of the 24
parents of the child have abandoned or deserted such child or that 25
both such parents are mentally, morally or otherwise unfit to rear 26
and train the child the court may award physical and legal custody 27
to: 28
(i) The person in whose home the child has been 29
living in a wholesome and stable environment; or 30
(ii) Physical and legal custody to any other 31
person deemed by the court to be suitable and able to provide 32
adequate and proper care and guidance for the child. 33
In making an order for custody to either parent or to both 34
parents jointly, the court, in its discretion, may require the 35
parents to submit to the court a plan for the implementation of 36
the custody order. 37
(2) * * * (a) (i) There shall be a rebuttable presumption 38
that joint custody and equally shared parenting time is in the 39
best interest of the child. If the court grants joint custody and 40
equally shared parenting time, the court shall construct a 41
parenting time schedule which maximizes the time each parent has 42
with the child and ensures the best interest of the child is met. 43
(ii) The presumption created in subparagraph (i) 44
of this paragraph shall be rebuttable by a preponderance of the 45
evidence. A court that does not award joint custody with equally 46
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shared parenting time shall document the reasons for deviating 47
from the presumption. 48
(b) The presumption that joint custody is in the best 49
interest of the child may be rebutted: 50
(i) If the parties have reached an agreement on 51
all issues related to custody of the child or children; 52
(ii) If the court finds by a preponderance of the 53
evidence that the other parent's absence, mental illness, 54
substance abuse or such other circumstances are against the best 55
interest of the child or children; 56
(iii) If the rebuttable presumption described in 57
subsection 7(a) of this section is established by the evidence; 58
(iv) If one (1) parent is a registered sex 59
offender or in the custody of the Mississippi Department of 60
Corrections; or 61
(v) Any other relevant factor that the court deems 62
material. 63
(c) To calculate child support for joint custody with 64
equally shared parenting time, unless the court determines a 65
deviation from this paragraph is in the best interest of the 66
child, the court shall: 67
(i) Calculate a child-support award under the 68
guidelines of Section 43-19-101 for each parent as if each parent 69
was the obligor; 70
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(ii) Calculate the difference in the two (2) 71
awards by subtracting the lesser award from the larger award; and 72
(iii) Order the difference in the two (2) awards 73
to be paid by the parent who has the higher adjusted gross income 74
to the parent with the lower adjusted gross income. 75
(d) Upon petition of both parents, the court may grant 76
legal and/or physical custody to one (1) parent without 77
documenting a reason for deviation. 78
(e) The rebuttable presumption of joint custody 79
authorized by this subsection (2) shall only apply to initial 80
temporary custody orders and initial final custody orders entered 81
by this court after July 1, 2026. The presumption authorized by 82
this subsection shall not be applied to modifications of any 83
custody orders entered before or after July 1, 2026. 84
* * * 85
( * * *3) (a) For the purposes of this section, "joint 86
custody" means joint physical and legal custody. 87
(b) For the purposes of this section, "physical 88
custody" means those periods of time in which a child resides with 89
or is under the care and supervision of one (1) of the parents. 90
(c) For the purposes of this section, "joint physical 91
custody" means that each of the parents shall have significant 92
periods of physical custody * * * with parenting time to be 93
awarded as set forth in subsection (2). 94
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(d) For the purposes of this section, "legal custody" 95
means the decision-making rights, the responsibilities and the 96
authority relating to the health, education and welfare of a 97
child. 98
(e) For the purposes of this section, "joint legal 99
custody" means that the parents or parties share the 100
decision-making rights, the responsibilities and the authority 101
relating to the health, education and welfare of a child. An 102
award of joint legal custody obligates the parties to exchange 103
information concerning the health, education and welfare of the 104
minor child, and to confer with one another in the exercise of 105
decision-making rights, responsibilities and authority. 106
An award of joint physical and legal custody obligates the 107
parties to exchange information concerning the health, education 108
and welfare of the minor child, and unless allocated, apportioned 109
or decreed, the parents or parties shall confer with one another 110
in the exercise of decision-making rights, responsibilities and 111
authority. 112
( * * *4) Any order for joint custody may be modified or 113
terminated upon the petition of both parents or upon the petition 114
of one (1) parent showing that a material change in circumstances 115
has occurred. 116
( * * *5) There shall be no presumption that it is in the 117
best interest of a child that a mother be awarded either legal or 118
physical custody. 119
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( * * *6) Notwithstanding any other provision of law, access 120
to records and information pertaining to a minor child, including, 121
but not limited to, medical, dental and school records, shall not 122
be denied to a parent because the parent is not the child's 123
custodial parent. 124
( * * *7) (a) (i) In every proceeding where the custody of 125
a child is in dispute, there shall be a rebuttable presumption 126
that it is detrimental to the child and not in the best interest 127
of the child to be placed in sole custody, joint legal custody or 128
joint physical custody of a parent who has a history of 129
perpetrating family violence. The court may find a history of 130
perpetrating family violence if the court finds, by a 131
preponderance of the evidence, one (1) incident of family violence 132
that has resulted in serious bodily injury to, or a pattern of 133
family violence against, the party making the allegation or a 134
family household member of either party. The court shall make 135
written findings to document how and why the presumption was or 136
was not triggered. 137
(ii) This presumption may only be rebutted by a 138
preponderance of the evidence. 139
(iii) In determining whether the presumption set 140
forth in this subsection * * * has been overcome, the court shall 141
consider all of the following factors: 142
1. Whether the perpetrator of family violence 143
has demonstrated that giving sole or joint physical or legal 144
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custody of a child to the perpetrator is in the best interest of 145
the child because of the other parent's absence, mental illness, 146
substance abuse or such other circumstances which affect the best 147
interest of the child or children; 148
2. Whether the perpetrator has successfully 149
completed a batterer's treatment program; 150
3. Whether the perpetrator has successfully 151
completed a program of alcohol or drug abuse counseling if the 152
court determines that counseling is appropriate; 153
4. Whether the perpetrator has successfully 154
completed a parenting class if the court determines the class to 155
be appropriate; 156
5. If the perpetrator is on probation or 157
parole, whether he or she is restrained by a protective order 158
granted after a hearing, and whether he or she has complied with 159
its terms and conditions; and 160
6. Whether the perpetrator of domestic 161
violence has committed any further acts of domestic violence. 162
(iv) The court shall make written findings to 163
document how and why the presumption was or was not rebutted. 164
(b) (i) If custody is awarded to a suitable third 165
person, it shall not be until the natural grandparents of the 166
child have been excluded and such person shall not allow access to 167
a violent parent except as ordered by the court. 168
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(ii) If the court finds that both parents have a 169
history of perpetrating family violence, but the court finds that 170
parental custody would be in the best interest of the child, 171
custody may be awarded solely to the parent less likely to 172
continue to perpetrate family violence. In such a case, the court 173
may mandate completion of a treatment program by the custodial 174
parent. 175
(c) If the court finds that the allegations of domestic 176
violence are completely unfounded, the chancery court shall order 177
the alleging party to pay all court costs and reasonable 178
attorney's fees incurred by the defending party in responding to 179
such allegations. 180
(d) (i) A court may award visitation by a parent who 181
committed domestic or family violence only if the court finds that 182
adequate provision for the safety of the child and the parent who 183
is a victim of domestic or family violence can be made. 184
(ii) In a visitation order, a court may take any 185
of the following actions: 186
1. Order an exchange of the child to occur in 187
a protected setting; 188
2. Order visitation supervised in a manner to 189
be determined by the court; 190
3. Order the perpetrator of domestic or 191
family violence to attend and complete to the satisfaction of the 192
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court a program of intervention for perpetrators or other 193
designated counseling as a condition of visitation; 194
4. Order the perpetrator of domestic or 195
family violence to abstain from possession or consumption of 196
alcohol or controlled substances during the visitation and for 197
twenty-four (24) hours preceding the visitation; 198
5. Order the perpetrator of domestic or 199
family violence to pay a fee to defray the cost of supervised 200
visitation; 201
6. Prohibit overnight visitation; 202
7. Require a bond from the perpetrator of 203
domestic or family violence for the return and safety of the 204
child; or 205
8. Impose any other condition that is deemed 206
necessary to provide for the safety of the child, the victim of 207
family or domestic violence, or other family or household member. 208
(iii) Whether or not visitation is allowed, the 209
court may order the address of the child or the victim of family 210
or domestic violence to be kept confidential. 211
(e) The court may refer but shall not order an adult 212
who is a victim of family or domestic violence to attend 213
counseling relating to the victim's status or behavior as a 214
victim, individually or with the perpetrator of domestic or family 215
violence, as a condition of receiving custody of a child or as a 216
condition of visitation. 217
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ST: Joint custody matters; create rebuttable
presumption in favor of.
(f) If a court allows a family or household member to 218
supervise visitation, the court shall establish conditions to be 219
followed during visitation. 220
SECTION 2. This act shall take effect and be in force from 221
and after July 1, 2026. 222