Bill
Bill > SB2688
MS SB2688
MS SB2688Custody; create rebuttable presumption of joint custody with equal parenting time.
summary
Introduced
01/19/2026
01/19/2026
In Committee
01/19/2026
01/19/2026
Crossed Over
Passed
Dead
02/03/2026
02/03/2026
Introduced Session
2026 Regular Session
Bill Summary
An Act To Amend Section 93-5-24, Mississippi Code Of 1972, To Create A Rebuttable Presumption In Favor Of Joint Custody With Equal Parenting Time In All Custody Matters; To Provide That The Presumption Shall Be Rebuttable By A Preponderance Of The Evidence; To Provide That A Court Shall Consider The Safety And Well-being Of The Parties And Children; To Provide That The Presumption That Joint Custody And Equally Shared Parenting Time Is In The Best Interest Of The Child Shall Not Apply If A Domestic Abuse Protection Order Is Being Or Has Been Entered Against A Party By Another Party Or On Behalf Of A Child At Issue In The Custody Hearing; To Require A Court To Document The Reasons From Deviating From The Presumption Unless Both Parents Petition For A Deviation; To Clarify That This Section Shall Apply To All Custody Determinations; To Provide For The Calculation Of Child Support Where The Court Awards Joint Custody With Equally Shared Parenting Time; To Amend Section 43-19-101, Mississippi Code Of 1972, To Conform; And For Related Purposes.
AI Summary
This bill establishes a rebuttable presumption that joint custody with equal parenting time is in the best interest of a child in all custody matters, meaning courts will generally favor both parents sharing custody and spending equal time with their children unless there's evidence to the contrary. This presumption can be overcome by a preponderance of the evidence, and courts must consider the safety and well-being of everyone involved, with a specific exception: the presumption does not apply if a domestic abuse protection order has been or is being entered against a parent. If a court deviates from this presumption, it must document its reasons, unless both parents agree to the deviation. The bill also clarifies that this applies to all custody determinations, regardless of whether the parents were married, and it includes provisions for calculating child support when joint custody with equal parenting time is awarded, by adjusting the standard child support obligation based on the amount of time each parent spends with the child.
Committee Categories
Justice
Sponsors (1)
Last Action
Died In Committee (on 02/03/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://billstatus.ls.state.ms.us/2026/pdf/history/SB/SB2688.xml |
| BillText | https://billstatus.ls.state.ms.us/documents/2026/html/SB/2600-2699/SB2688IN.htm |
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