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MississippiHB 16622026 Regular SessionHouse

Joint custody matters; create rebuttable presumption in favor of.

Sponsored By: Sponsor information unavailable

Signed by Governor

Judiciary AJudiciary, Division A

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Custody and visits after violence

Beginning July 1, 2026, courts presume it harms a child to give any custody to a parent with a history of family violence. Judges must make written findings and weigh facts like treatment, counseling, parenting classes, and any new violence. A violent parent may get visitation only if safety steps are in place, such as safe exchanges, supervised visits, counseling, 24‑hour sobriety before visits, no overnights, a posted bond, and confidential addresses. The perpetrator can be required to pay supervision fees. Courts rule out the child’s natural grandparents before giving custody to another third person, and a third‑party custodian may not allow access to a violent parent unless the court orders it. If both parents have violent histories, the court can give custody to the safer parent and require treatment. A court cannot force an adult victim into counseling to get custody or visitation. When a family member supervises visits, the judge must set clear rules for those visits.

Child support for equal time

Beginning July 1, 2026, when parents share equal parenting time, the court calculates support for each parent under state guidelines. The judge subtracts the smaller amount from the larger. The parent with the higher adjusted gross income pays that difference to the other parent. The court can order a different amount if it finds that deviation is best for the child and explains why.

Costs for baseless violence claims

Beginning July 1, 2026, if a court finds a domestic violence claim is completely unfounded, the person who made it must pay all court costs and the other party’s reasonable attorney fees.

Shared custody starts as default

Beginning July 1, 2026, new custody cases start with a presumption of joint custody and equal parenting time. Judges must set a schedule that gives both parents as much time as fits the child’s best interest and explain any departure from this presumption. The presumption can be overcome by a preponderance of the evidence, including a parent’s absence, mental illness, substance abuse, sex‑offender status, prison, or other serious facts. If both parents agree to joint custody, the law presumes that is best. If both parents jointly ask, the court may give sole custody to one parent even though the joint‑custody presumption exists. This presumption applies only to the first temporary and first final orders entered after July 1, 2026, not to later changes.

Clear custody terms and record access

Beginning July 1, 2026, the law defines key custody terms. Joint custody means both joint physical and joint legal custody. Physical custody covers when the child lives with or is under a parent’s care. Legal custody covers health, school, and welfare decisions. Joint legal custody means parents share decisions, must share information, and should confer on major choices. Schools, doctors, and other record holders cannot deny a parent access to a child’s records just because that parent is not the custodial parent.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 299 • No: 20

Senate vote • 4/1/2026

Conference Report Adopted

Yes: 39 • No: 10 • Other: 1

House vote • 3/31/2026

Conference Report Adopted

Yes: 90 • No: 10

Senate vote • 3/5/2026

Passed As Amended

Yes: 52 • No: 0

House vote • 2/11/2026

Passed

Yes: 118 • No: 0

Actions Timeline

  1. Approved by Governor

    4/8/2026legislature

  2. Enrolled Bill Signed

    4/6/2026Senate

  3. Enrolled Bill Signed

    4/6/2026House

  4. Conference Report Adopted

    4/1/2026Senate

  5. Conference Report Adopted

    3/31/2026House

  6. Conference Report Filed

    3/30/2026House

  7. Conference Report Filed

    3/30/2026Senate

  8. Conferees Named Wiggins,McCaughn,Fillingane

    3/30/2026Senate

  9. Conferees Named Hood,Aguirre,Yates

    3/30/2026House

  10. Decline to Concur/Invite Conf

    3/26/2026House

  11. Returned For Concurrence

    3/9/2026Senate

  12. Passed As Amended

    3/5/2026Senate

  13. Amended

    3/5/2026Senate

  14. Title Suff Do Pass As Amended

    2/26/2026Senate

  15. Referred To Judiciary, Division A

    2/19/2026Senate

  16. Transmitted To Senate

    2/12/2026House

  17. Passed

    2/11/2026House

  18. Title Suff Do Pass

    2/2/2026House

  19. Referred To Judiciary A

    1/19/2026House

Bill Text

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