Divorcing parents now start at a 50-50 custody split

The law ‘shifts the starting point for judges,’ as the Mississippi Independent put it. In cases where the first temporary or first final custody order is entered after July 1, 2026, the court presumes that joint custody and equal parenting time are best for the child, according to the bill summary the Wire read.

A parent can overcome that presumption with a preponderance of the evidence, meaning more likely than not. The law gives reasons such as a parent’s absence, mental illness, substance abuse, sex offender status, prison or other serious facts. If the judge departs from 50-50, the order must explain why. If both parents agree on joint custody, the court presumes that is best.

Where parents share time equally, child support is figured for each parent and the higher earner pays the difference. Courts presume it harms a child to give any custody to a parent with a history of family violence, and a parent who makes a completely unfounded violence claim pays the other side’s court costs and lawyer fees.

Supporters say the change encourages both parents to remain actively involved in their children’s lives, the Mississippi Independent reported. The Independent called it one of the most significant changes to Mississippi custody law in decades.

The House and Senate passed different versions. A conference committee, a small group from both chambers that works out one version, wrote a compromise that both chambers adopted on March 31 and April 1. Gov. Tate Reeves signed it April 8, according to the bill history. The Wire could not find the final vote counts in the reporting it reviewed.

Critics question whether a default 50-50 framework adequately accounts for complicated family situations and whether it could create unintended consequences in difficult custody disputes, the Independent reported. The Wire’s read: the family violence rules and the written-findings requirement answer part of that.

The Wire’s read: the state pays little, because the change is in what judges presume, not in any program. For parents, the money moves through child support. Under the equal-time formula the parent who earns more pays the difference between the two guideline amounts. So, by the Wire’s read, a higher earner who used to pay full guideline support may pay less, and a lower earner may receive less than before, depending on each family’s income.

The Wire found no published estimate of the effect on lawyer fees.

If your first custody order comes after July 1, 2026, expect the judge to start at equal time. If you want primary custody, gather evidence on grounds such as the ones the law names. If you already have a custody order, the equal-time presumption does not apply to later changes to that order, according to the summary.

Schools and doctors must give both parents access to a child’s records. A parent cannot be refused because they are not the ‘custodial’ parent.

The Wire’s read: the Mississippi Supreme Court and Court of Appeals will decide what counts as enough evidence to overcome the presumption, and the first appeals from orders entered after July 1 are the ones to watch.

The Wire will update this entry when the enrolled bill text and the final vote counts can be read.