Joint custody; create rebuttable presumption of.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hickman

SENATE BILL NO. 2027

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 THAT A COURT SHALL CONSIDER THE SAFETY AND 5
WELL-BEING OF THE PARTIES AND CHILDREN; TO PROVIDE THAT THE 6
PRESUMPTION THAT JOINT CUSTODY AND EQUALLY SHARED PARENTING TIME 7
IS IN THE BEST INTEREST OF THE CHILD SHALL NOT APPLY IF A DOMESTIC 8
ABUSE PROTECTION ORDER IS BEING OR HAS BEEN ENTERED AGAINST A 9
PARTY BY ANOTHER PARTY OR ON BEHALF OF A CHILD AT ISSUE IN THE 10
CUSTODY HEARING; TO REQUIRE A COURT TO DOCUMENT THE REASONS FROM 11
DEVIATING FROM THE PRESUMPTION UNLESS BOTH PARENTS PETITION FOR A 12
DEVIATION; TO CLARIFY THAT THIS SECTION SHALL APPLY TO ALL CUSTODY 13
DETERMINATIONS; TO PROVIDE FOR THE CALCULATION OF CHILD SUPPORT 14
WHERE THE COURT AWARDS JOINT CUSTODY WITH EQUALLY SHARED PARENTING 15
TIME; TO AMEND SECTION 43-19-101, MISSISSIPPI CODE OF 1972, TO 16
CONFORM; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. Section 93-5-24, Mississippi Code of 1972, is 19
amended as follows: 20
93-5-24. (1) Custody shall be awarded as follows according 21
to the best interests of the child: 22
(a) Physical and legal custody to both parents jointly 23
pursuant to subsections (2) through (7). 24
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(b) Physical custody to both parents jointly pursuant 25
to subsections (2) through (7) and legal custody to either parent. 26
(c) Legal custody to both parents jointly pursuant to 27
subsections (2) through (7) and physical custody to either parent. 28
(d) Physical and legal custody to either parent 29
pursuant to subsections (2) through (7) of this section. 30
(e) Upon a finding by the court that both of the 31
parents of the child have abandoned or deserted such child or that 32
both such parents are mentally, morally or otherwise unfit to rear 33
and train the child the court may award physical and legal custody 34
to: 35
(i) The person in whose home the child has been 36
living in a wholesome and stable environment; or 37
(ii) Physical and legal custody to any other 38
person deemed by the court to be suitable and able to provide 39
adequate and proper care and guidance for the child. 40
In making an order for custody to either parent or to both 41
parents jointly, the court, in its discretion, may require the 42
parents to submit to the court a plan for the implementation of 43
the custody order. 44
(2) * * * (a) (i) There shall be a rebuttable presumption 45
that joint custody and equally shared parenting time is in the 46
best interest of the child. If the court grants joint custody and 47
equally shared parenting time, the court shall construct a 48
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parenting time schedule which maximizes the time each parent has 49
with the child and ensures the best interest of the child is met. 50
(ii) The presumption created in subparagraph (i) 51
of this paragraph shall be rebuttable by a preponderance of the 52
evidence. A court that does not award joint custody with equally 53
shared parenting time shall document the reasons for deviating 54
from the presumption. 55
(iii) When determining or modifying a custody 56
order, the court shall consider the safety and well-being of the 57
parties and of the children. If a domestic abuse protection order 58
is being or has been entered against a party by another party or 59
on behalf of a child at issue in the custody hearing, the 60
presumption that joint custody and equally shared parenting time 61
is in the best interest of the child shall not apply as to the 62
party against whom the domestic abuse protection order is being or 63
has been entered. 64
(b) Upon petition of both parents, the court may grant 65
legal and/or physical custody to one (1) parent without 66
documenting a reason for deviation. 67
* * * 68
( * * *3) (a) For the purposes of this section, "joint 69
custody" means joint physical and legal custody. 70
(b) For the purposes of this section, "physical 71
custody" means those periods of time in which a child resides with 72
or is under the care and supervision of one (1) of the parents. 73
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(c) For the purposes of this section, "joint physical 74
custody" means that each of the parents shall have significant 75
periods of physical custody. Joint physical custody shall be 76
shared by the parents in such a way so as to assure a child * * * 77
frequent and continuing contact with both parents. 78
(d) For the purposes of this section, "legal custody" 79
means the decision-making rights, the responsibilities and the 80
authority relating to the health, education and welfare of a 81
child. 82
(e) For the purposes of this section, "joint legal 83
custody" means that the parents or parties share the 84
decision-making rights, the responsibilities and the authority 85
relating to the health, education and welfare of a child. An 86
award of joint legal custody obligates the parties to exchange 87
information concerning the health, education and welfare of the 88
minor child, and to confer with one another in the exercise of 89
decision-making rights, responsibilities and authority. 90
An award of joint physical and legal custody obligates the 91
parties to exchange information concerning the health, education 92
and welfare of the minor child, and unless allocated, apportioned 93
or decreed, the parents or parties shall confer with one another 94
in the exercise of decision-making rights, responsibilities and 95
authority. 96
( * * *4) Any order for joint custody may be modified or 97
terminated upon the petition of both parents, upon a petition 98
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under Section 2(6) of this act, or upon the petition of one (1) 99
parent showing that a material change in circumstances has 100
occurred. 101
( * * *5) There shall be no presumption that it is in the 102
best interest of a child that a mother be awarded either legal or 103
physical custody. 104
( * * *6) Notwithstanding any other provision of law, access 105
to records and information pertaining to a minor child, including, 106
but not limited to, medical, dental and school records, shall not 107
be denied to a parent because the parent is not the child's 108
custodial parent. 109
( * * *7) (a) (i) In every proceeding where the custody of 110
a child is in dispute, there shall be a rebuttable presumption 111
that it is detrimental to the child and not in the best interest 112
of the child to be placed in sole custody, joint legal custody or 113
joint physical custody of a parent who has a history of 114
perpetrating family violence. The court may find a history of 115
perpetrating family violence if the court finds, by a 116
preponderance of the evidence, one (1) incident of family violence 117
that has resulted in serious bodily injury to, or a pattern of 118
family violence against, the party making the allegation or a 119
family household member of either party. The court shall make 120
written findings to document how and why the presumption was or 121
was not triggered. 122
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(ii) This presumption may only be rebutted by a 123
preponderance of the evidence. 124
(iii) In determining whether the presumption set 125
forth in this subsection * * * has been overcome, the court shall 126
consider all of the following factors: 127
1. Whether the perpetrator of family violence 128
has demonstrated that giving sole or joint physical or legal 129
custody of a child to the perpetrator is in the best interest of 130
the child because of the other parent's absence, mental illness, 131
substance abuse or such other circumstances which affect the best 132
interest of the child or children; 133
2. Whether the perpetrator has successfully 134
completed a batterer's treatment program; 135
3. Whether the perpetrator has successfully 136
completed a program of alcohol or drug abuse counseling if the 137
court determines that counseling is appropriate; 138
4. Whether the perpetrator has successfully 139
completed a parenting class if the court determines the class to 140
be appropriate; 141
5. If the perpetrator is on probation or 142
parole, whether he or she is restrained by a protective order 143
granted after a hearing, and whether he or she has complied with 144
its terms and conditions; and 145
6. Whether the perpetrator of domestic 146
violence has committed any further acts of domestic violence. 147
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(iv) The court shall make written findings to 148
document how and why the presumption was or was not rebutted. 149
(b) (i) If custody is awarded to a suitable third 150
person, it shall not be until the natural grandparents of the 151
child have been excluded and such person shall not allow access to 152
a violent parent except as ordered by the court. 153
(ii) If the court finds that both parents have a 154
history of perpetrating family violence, but the court finds that 155
parental custody would be in the best interest of the child, 156
custody may be awarded solely to the parent less likely to 157
continue to perpetrate family violence. In such a case, the court 158
may mandate completion of a treatment program by the custodial 159
parent. 160
(c) If the court finds that the allegations of domestic 161
violence are completely unfounded, the chancery court shall order 162
the alleging party to pay all court costs and reasonable 163
attorney's fees incurred by the defending party in responding to 164
such allegations. 165
(d) (i) A court may award visitation by a parent who 166
committed domestic or family violence only if the court finds that 167
adequate provision for the safety of the child and the parent who 168
is a victim of domestic or family violence can be made. 169
(ii) In a visitation order, a court may take any 170
of the following actions: 171
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1. Order an exchange of the child to occur in 172
a protected setting; 173
2. Order visitation supervised in a manner to 174
be determined by the court; 175
3. Order the perpetrator of domestic or 176
family violence to attend and complete to the satisfaction of the 177
court a program of intervention for perpetrators or other 178
designated counseling as a condition of visitation; 179
4. Order the perpetrator of domestic or 180
family violence to abstain from possession or consumption of 181
alcohol or controlled substances during the visitation and for 182
twenty-four (24) hours preceding the visitation; 183
5. Order the perpetrator of domestic or 184
family violence to pay a fee to defray the cost of supervised 185
visitation; 186
6. Prohibit overnight visitation; 187
7. Require a bond from the perpetrator of 188
domestic or family violence for the return and safety of the 189
child; or 190
8. Impose any other condition that is deemed 191
necessary to provide for the safety of the child, the victim of 192
family or domestic violence, or other family or household member. 193
(iii) Whether or not visitation is allowed, the 194
court may order the address of the child or the victim of family 195
or domestic violence to be kept confidential. 196
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(e) The court may refer but shall not order an adult 197
who is a victim of family or domestic violence to attend 198
counseling relating to the victim's status or behavior as a 199
victim, individually or with the perpetrator of domestic or family 200
violence, as a condition of receiving custody of a child or as a 201
condition of visitation. 202
(f) If a court allows a family or household member to 203
supervise visitation, the court shall establish conditions to be 204
followed during visitation. 205
(8) This section shall apply to all custody determinations 206
regardless of whether or not the parents of the child or children 207
involved have ever been married. 208
SECTION 2. (1) As used in this section, "day" means more 209
than twelve (12) consecutive hours in a twenty-four (24) hour 210
period under the care, control, or direct supervision of one (1) 211
parent or caretaker, or as the court determines based on findings 212
of substantially equivalent care or expense. Unless the context 213
requires otherwise, "day" shall include housing, entertaining, 214
feeding, transporting the child, attending to school work, 215
athletic events, extracurricular activities, or other activities 216
that transfer with the child as the child moves from one (1) 217
parent to the other. 218
(2) (a) The parenting time for either parent shall begin at 219
the time of exchange of the child or children from one (1) parent 220
to the other. 221
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(b) Unless otherwise ordered, if the exchange occurs at 222
school or with a care provider, the receiving parent's time shall 223
begin and the other parent's time shall end at the time the child 224
is picked up from school or from the care provider. 225
(3) (a) In order to receive a shared parenting time credit, 226
a parent shall maintain care, custody, and control over the child 227
for a minimum of eighty-eight (88) days per year regardless of the 228
age of the child. 229
(b) The shared parenting time credit shall only be 230
applicable for parenting time that is court-ordered or parenting 231
time that is exercised by consent of the parties. 232
(4) Except as provided in subsection (7) of this section or 233
otherwise provided in this chapter, the child support obligation 234
determined under Section 43-19-101 shall be subject to further 235
adjustment upon motion of the parent seeking credit as follows: 236
(a) For parents who share parenting time under an order 237
that is court-ordered or exercised by consent of the parties, the 238
court shall: 239
(i) 1. Calculate the child support obligation set 240
forth in Section 43-19-101 using the combined gross adjusted 241
income of the parties. 242
2. Deem the parent with the higher monthly 243
amount of adjusted gross income as the obligor; 244
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(ii) Determine the number of days for both parents 245
on an annual basis based upon an order that is court-ordered or 246
approved and exercised; 247
(iii) Using the days a child spends with the 248
obligated parent, determine the adjustment percentage using the 249
shared parenting time credit chart in subsection (5) of this 250
section; 251
(iv) Determine the shared parenting time credit 252
adjustment by multiplying the obligated parent's adjustment 253
percentage by the total support obligation found on the child 254
support obligation worksheet to establish the shared parenting 255
expense adjustment for the obligated parent, as determined in 256
subparagraph (i) of this paragraph; and 257
(v) Subtract the amount calculated in subparagraph 258
(iv) of this paragraph from the obligated parent's monthly 259
obligation, found on the child support obligation worksheet, as 260
determined in subparagraph (i) of this paragraph; and 261
(b) The court may use its discretion in adjusting each 262
parent's child support obligation under this subsection after 263
consideration of the following: 264
1. The obligated parent's income and ability to 265
maintain the basic necessities of the home for the child; 266
2. Whether either parent has consistently 267
exercised, or is likely to consistently exercise, the 268
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court-ordered time-sharing schedule or time-sharing agreement 269
between the parents; 270
3. Whether all of the children are subject to the 271
same time-sharing schedule; 272
4. Whether the time-sharing plan results in fewer 273
overnights due to a significant geographical distance between the 274
parties that may affect the child support obligation; 275
5. The military deployment or extended service 276
obligations of the parties; and 277
6. The health insurance or medical care provided 278
by either parent. 279
(5) The shared parenting time credit chart is as follows: 280
Parenting Time Days Adjustment Percentage 281
88-115 15% 282
116-129 20.5% 283
130-142 25% 284
143-152 30.5% 285
153-162 36% 286
163-172 42% 287
173-181 48.5% 288
182-182.5 50% 289
(6) (a) Failure by one (1) party to consistently exercise 290
the court-ordered time-sharing schedule or time-sharing agreement 291
between the parents shall be grounds for the other party to seek 292
modification from the court. 293
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(b) A party may seek modification following a fifteen 294
percent (15%) change in the number of timesharing days and shall 295
have the burden of proving a material change in timesharing 296
circumstances. 297
(7) The court shall have discretion in awarding a shared 298
parenting time credit if the obligee receives: 299
(a) Children's Health Insurance Program (CHIP); 300
(b) Temporary Assistance for Needy Families (TANF); 301
(c) Supplemental Nutrition Assistance Program (SNAP); 302
or 303
(d) Medicaid. 304
SECTION 3. Section 43-19-101, Mississippi Code of 1972, is 305
amended as follows: 306
43-19-101. (1) The following child-support award guidelines 307
shall be a rebuttable presumption in all judicial or 308
administrative proceedings regarding the awarding or modifying of 309
child-support awards in this state: 310
Number Of Children Percentage Of Adjusted Gross Income 311
Due Support That Should Be Awarded For Support 312
1 14% 313
2 20% 314
3 22% 315
4 24% 316
5 or more 26% 317
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(2) The guidelines provided for in subsection (1) of this 318
section apply unless the judicial or administrative body awarding 319
or modifying the child-support award makes a written finding or 320
specific finding on the record that the application of the 321
guidelines would be unjust or inappropriate in a particular case 322
as determined under the criteria specified in Section 43-19-103. 323
(3) The amount of "adjusted gross income" as that term is 324
used in subsection (1) of this section shall be calculated as 325
follows: 326
(a) Determine gross income from all potential sources 327
that may reasonably be expected to be available to the absent 328
parent including, but not limited to, the following: wages and 329
salary income; income from self-employment; income from 330
commissions; income from investments, including dividends, 331
interest income and income on any trust account or property; 332
absent parent's portion of any joint income of both parents; 333
workers' compensation, disability, unemployment, annuity and 334
retirement benefits, including an Individual Retirement Account 335
(IRA); any other payments made by any person, private entity, 336
federal or state government or any unit of local government; 337
alimony; any income earned from an interest in or from inherited 338
property; any other form of earned income; and gross income shall 339
exclude any monetary benefits derived from a second household, 340
such as income of the absent parent's current spouse; 341
(b) Subtract the following legally mandated deductions: 342
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(i) Federal, state and local taxes. Contributions 343
to the payment of taxes over and beyond the actual liability for 344
the taxable year shall not be considered a mandatory deduction; 345
(ii) Social security contributions; 346
(iii) Retirement and disability contributions 347
except any voluntary retirement and disability contributions; 348
(c) If the obligated parent is subject to an existing 349
court order for another child or children, subtract the amount of 350
that court-ordered support; 351
(d) If the absent parent is also the parent of another 352
child or other children residing with him, then the court may 353
subtract an amount that it deems appropriate to account for the 354
needs of said child or children; 355
(e) Compute the total annual amount of adjusted gross 356
income based on paragraphs (a) through (d) of this subsection, 357
then divide this amount by twelve (12) to obtain the monthly 358
amount of adjusted gross income. 359
Upon conclusion of the calculation of paragraphs (a) through 360
(e) of this subsection, multiply the monthly amount of adjusted 361
gross income by the appropriate percentage designated in 362
subsection (1) of this section to arrive at the amount of the 363
monthly child-support award unless a court grants a parent's 364
motion for a shared parenting time credit under Section 2 of this 365
act. 366
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(4) In cases in which the adjusted gross income as defined 367
in this section is more than One Hundred Thousand Dollars 368
($100,000.00) or less than Ten Thousand Dollars ($10,000.00), the 369
court shall make a written finding in the record as to whether or 370
not the application of the guidelines established in this section 371
is reasonable. The court shall take into account the basic 372
subsistence needs of the obligated parent who has a limited 373
ability to pay. 374
(5) Imputation of income shall not be based upon a standard 375
amount in lieu of fact-gathering. In the absence of specific 376
sufficient evidence of past earnings and employment history to use 377
as the measure of an obligated parent's ability to pay, the 378
recommended child-support obligation amount should be based on 379
available information about the specific circumstances of the 380
obligated parent. This can include, but is not limited to, such 381
factors as assets, residence, job skills, educational attainment, 382
literacy, age, health, criminal record and other employment 383
barriers, and record of seeking work, as well as the local job 384
market, the availability of employers willing to hire the 385
obligated parent, prevailing earnings level in the local 386
community, and other relevant factors in the case. 387
(6) Unless extended or waived, the Department of Human 388
Services shall review the appropriateness of these guidelines 389
beginning January 1, 1994, and every four (4) years thereafter and 390
report its findings to the Legislature no later than the first day 391
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of the regular legislative session of that year. The Legislature 392
shall thereafter amend these guidelines when it finds that 393
amendment is necessary to ensure that equitable support is being 394
awarded in all cases involving the support of minor children. 395
(7) All orders involving support of minor children, as a 396
matter of law, shall include reasonable medical support. Notice 397
to the obligated parent's employer that medical support has been 398
ordered shall be on a form as prescribed by the Department of 399
Human Services. In any case in which the support of any child is 400
involved, the court shall make the following findings either on 401
the record or in the judgment: 402
(a) The availability to all parties of health insurance 403
coverage for the child(ren); 404
(b) The cost of health insurance coverage to all 405
parties. 406
The court shall then make appropriate provisions in the 407
judgment for the provision of health insurance coverage for the 408
child(ren) in the manner that is in the best interests of the 409
child(ren). If the court requires the custodial parent to obtain 410
the coverage then its cost shall be taken into account in 411
establishing the child-support award. If the court determines 412
that health insurance coverage is not available to any party or 413
that it is not available to either party at a cost that is 414
reasonable as compared to the income of the parties, then the 415
court shall make specific findings as to such either on the record 416
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ST: Joint custody; create rebuttable
presumption of.
or in the judgment. In that event, the court shall make 417
appropriate provisions in the judgment for the payment of medical 418
expenses of the child(ren) in the absence of health insurance 419
coverage. 420
SECTION 4. This act shall take effect and be in force from 421
and after July 1, 2026. 422