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House adopts bill creating rebuttable 50/50 custody presumption for new cases starting July 2026
Summary
The House passed a conference report introducing a rebuttable presumption of equal (50/50) parenting time in initial custody cases filed after July 1, 2026. Sponsors said the change codifies existing practice for many chancellors; some members warned it could disadvantage mothers and asked for safeguards for infants and military families.
The Mississippi House adopted a conference report that establishes a rebuttable presumption that joint custody and equal parenting time is the starting point in initial custody hearings filed on or after July 1, 2026. Conferees and the bill sponsor said the legislation largely reflects current chancellor practice and creates a uniform starting point while allowing judges to consider all relevant factors and to rebut the presumption by a preponderance of the evidence.
Explaining the bill, the sponsor said the presumption applies to initial temporary hearings and first final custody determinations and does not disturb existing case law allowing courts to consider primary caregiver roles, mental-health issues, domestic-relations orders or registered offender statuses. "We're starting this procedure off 50–50 and then allowing the chancellor to make a decision from there," the sponsor said.
Several members raised concerns about infants, breastfeeding, the effect on primary caregivers and the potential burden on military parents who might be deployed. The sponsor and others said the chancellor retains discretion to consider material factors and that the bill does not remove judicial ability to order what is in the child's best interest.
The conference report was adopted by the House (93 yeas, 6 nays reported).
