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Bill > SB2742


MS SB2742

MS SB2742
Custody; create rebuttable presumption of joint custody with equal parenting time.


summary

Introduced
01/19/2026
In Committee
01/19/2026
Crossed Over
Passed
Dead
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 legal presumption in Mississippi that joint custody with equal parenting time is in the best interest of a child in all custody matters, meaning courts should generally aim for both parents to share legal decision-making and physical time with the child equally. This presumption can be overcome if one parent can prove by a preponderance of the evidence (meaning it's more likely than not) that this arrangement is not in the child's best interest, though courts must document their reasons for deviating from this presumption unless both parents agree to a different arrangement. The bill also specifies that courts must consider the safety and well-being of everyone involved, and importantly, this presumption of equal parenting time does not apply if a domestic abuse protection order has been issued against a parent. Furthermore, the bill outlines how child support calculations will be adjusted to account for this equal parenting time, ensuring that the financial obligations reflect the shared responsibilities. This new law applies to all custody determinations, regardless of whether the parents were married, and will take effect on July 1, 2026.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

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