CasewellThe law in plain words
> "There shall be a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child." > > — Miss. Code § 93-5-24(2), as amended in 2026
In plain words, a first temporary or final order entered after July 1, 2026 starts from joint custody with equal time. A parent who wants something else must give the judge good reasons. The presumption does not apply when an order is changed.
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Mississippi explains what the figures can and cannot show.
Legal custody and physical custody in Mississippi
Custody cases go to the chancery court, and the judge is called a chancellor. Section 93-5-24 splits custody into two parts.
- Legal custody: the right to make decisions about the child's health, education and welfare.
- Physical custody: the periods when the child lives with, or is cared for by, one parent.
- Joint legal custody: parents share those decisions. They must exchange information and confer with each other.
- Joint physical custody: each parent has significant periods of time with the child.
- Sole custody: one parent holds legal custody, physical custody or both.
The court can mix these. For example, both parents may share decisions while the child lives mainly with one.
A parent without custody can still see medical, dental and school records. A third person, such as a relative, can get custody only if both parents abandoned the child or are unfit.
Durable legal custody is a different thing. It is a youth court order in abuse or neglect cases, under section 43-21-609. It can give a child to another person, often a relative, when foster care or adoption does not fit. That person must have had the child for at least six months under Child Protection Services supervision. The parents keep some remaining rights.
Is Mississippi a 50/50 state?
Yes, for first orders. House Bill 1662 was approved by the governor on April 8, 2026. It took effect July 1, 2026.
- The starting point: joint custody with equally shared parenting time is presumed best for the child.
- The schedule: if the judge orders equal time, the schedule must maximize each parent's time with the child.
- Rebutting it: a parent must show, more likely than not, that equal time is wrong for this child.
- Written reasons: a judge who orders anything else must document why.
The law lists ways the presumption can be rebutted:
- the parents agree on all custody issues
- the other parent's absence, mental illness, substance abuse or similar problems harm the child
- the family violence presumption applies
- a parent is a registered sex offender or in state prison custody
- any other factor the judge finds important
If both parents ask, the judge can give custody to one parent without written reasons. The judge can also ask parents for a plan to carry out the order.
The presumption covers first temporary orders and first final orders entered after July 1, 2026. It does not apply when changing any order, old or new.
With equal time, child support works differently. The court figures support as if each parent paid. The higher earner pays the difference to the lower earner.
The Albright factors: what Mississippi judges weigh
The best-interest test comes from Albright v. Albright (1983). The Mississippi Supreme Court called the child's best interest the "polestar consideration." It then listed what judges weigh:
- the child's age, health and sex
- which parent had continuity of care before the separation
- which parent has the best parenting skills, and the willingness and capacity to provide primary care
- each parent's job and its demands
- each parent's physical and mental health and age
- the emotional ties between parent and child
- each parent's moral fitness
- the child's home, school and community record
- what the child wants, at the age set by law
- how stable each home and each parent's job is
- any other factor relevant to the parent-child relationship
The court also set limits. Marital fault should not be used to punish a parent. Money is not controlling, because support is separate from custody. Differences in religion or lifestyle should not be the only reason for a decision.
The 2026 law kept the best-interest standard in section 93-5-24(1). It did not mention Albright, so the factors remain part of Mississippi case law.
Your child's preference
Under section 93-11-65, once a child turns 12, they may tell the judge which parent they prefer.
- Both parents fit: the judge may weigh the preference only after finding both parents fit and able to care for the child.
- Not binding: the child's wish is one factor, not the final word.
- Reasons on record: the judge must explain in detail why the child's wishes were or were not followed.
The statute sets no rule for children under 12.
Mothers' and fathers' rights
Mississippi law treats mothers and fathers the same.
- No mother preference: section 93-5-24 says there is no presumption that a mother should get legal or physical custody.
- Equal rights: under section 93-13-1, neither parent has a right to custody that outranks the other's.
- No "tender years" rule: Albright ended the old rule that young children should live with their mother. A child's age is now just one factor.
- Records access: a parent without custody keeps access to school and medical records.
The 50/50 presumption also applies to both parents equally.
If you were never married
The Mississippi Supreme Court spoke to this in Smith v. Watson (1983).
- The mother first: all things being equal, a suitable mother of a child born outside marriage has the primary right to custody.
- The father: once he acknowledges the child as his, he has an equal claim to custody.
- Filing: an unmarried father can sue for custody in chancery court under section 93-11-65.
There are two main ways to make a father the legal parent.
- Acknowledgment of paternity: both parents sign a notarized form, often at the hospital. Under section 93-9-28, it has the same effect as if the parents had been married at birth.
- Paternity case: a court decides who the father is.
A signer can cancel an acknowledgment within one year, or earlier if a court case about the child starts. After that, it can be challenged only for fraud, duress or a material mistake of fact.
Section 93-5-24 states the equal-time presumption broadly. No reported appellate decision has yet applied the 2026 amendment in a case between unmarried parents.
Domestic violence and protection orders
Under section 93-5-24(7), a judge presumes that custody with a parent who has a history of family violence harms the child. That covers sole custody, joint legal custody and joint physical custody.
- What counts: one incident causing serious bodily injury, or a pattern of family violence.
- Rebutting it: the judge weighs things like a completed batterer's program, counseling, parenting classes and any new violence.
- Written findings: the judge must explain whether the presumption applied and whether it was rebutted.
- Safe visits: the violent parent may get visitation only if the child and the victim can be kept safe. Options include supervised visits, protected exchanges and no overnights.
- False claims: if domestic violence claims are completely unfounded, the person who made them must pay the other side's costs and lawyer fees.
A domestic abuse protection order is a separate case under Chapter 21 of Title 93.
- Who can file: spouses, former spouses, parents with a child in common, people in a dating relationship and some relatives who live together.
- Where: municipal, justice, county or chancery court.
- Cost: the person asking for protection pays no filing or service costs.
- Hearing: the court must hold a hearing within 10 days of filing.
- Custody: a final order from a chancery or county court can set temporary custody and visitation. Those terms last 180 days. To keep them longer, a parent must file in chancery court.
A temporary order from a municipal or justice court lasts up to 30 days when the parents share children.
Emergency custody in Mississippi
Mississippi has no separate emergency custody statute. There are two main routes when a child is at risk.
In a custody case. You can ask the chancery court for temporary custody. Under Rule 4(i).pdf) of the civil rules, a temporary hearing can be held 7 days after the other parent is served.
If you cannot wait, Rule 65(b) allows a temporary restraining order without notice. You must show specific facts, by sworn statement or verified complaint, that immediate and irreparable harm will happen first. In family cases, the usual 10-day limit on these orders does not apply.
Through a protection order. Under section 93-21-13, a court can issue an emergency domestic abuse protection order without telling the other parent first.
- Good cause: immediate and present danger of abuse to you or your children.
- What it does: it can order the abuser to stop abuse and stay away from you, your children and your home.
- How long: 10 days, or until the hearing. A continued hearing can extend it for up to 20 days.
A chancery court hears emergency protection requests only with the chancellor's permission or inside an open chancery case.
Moving with your child
We found no Mississippi statute that sets a notice rule for moving with a child. Court rules and case law fill the gap.
- Address updates: under Uniform Chancery Court Rule 8.06, each parent must keep the other informed of their full address and phone number.
- Five days: a parent who moves must notify the court clerk in writing within five days, and send the other parent a copy.
- Emergencies: during an evacuation, such as a hurricane, the parent with the child must tell the other where the child is.
Willful failure to follow this rule can be treated as contempt.
If the other parent asks to change custody because of a move, courts use Spain v. Holland (1986). Moving far away is not, by itself, a reason to change custody. The judge looks for harm to the child beyond the extra distance.
Your order may have its own moving terms, so read it first.
Moving to a neighboring state? Its custody rules may differ. Read our guides for Alabama, Arkansas, Louisiana and Tennessee.
Changing custody
A parent asking to change custody must show three things. The Mississippi Supreme Court set this test in Tucker v. Tucker (1984):
- a material change in circumstances since the last order
- that the change hurts the child's welfare
- that a new custody arrangement would serve the child's best interests
The judge looks at the child's overall living conditions, not one isolated incident. A change should never reward one parent or punish the other.
Under section 93-5-24(4), a joint custody order can be changed if both parents ask. One parent alone must show a material change in circumstances.
The 2026 equal-time presumption does not apply to changes. Asking to modify an older order does not trigger it.
Child abuse claims and guardians ad litem
If one parent says the other abused the child, section 93-5-23 lets the chancellor pause the custody case. The Department of Child Protection Services then investigates.
- Guardian ad litem: if the chancellor decides an abuse or neglect charge inside the custody case, the court must appoint one. A guardian ad litem is a lawyer who represents the child's interests.
- Unfounded claims: if the investigation finds no basis, the accusing parent must pay the other side's costs and lawyer fees.
- Knowingly false reports: since July 1, 2026, a willful false report of child abuse is a crime. It can bring a fine up to $5,000, a year in jail, or both.
How to file for custody in Mississippi
Custody cases are filed in the chancery court.
- Choose the county. Section 93-11-65 lets you file where the child lives or where the parent with actual custody lives. You can also file where the other parent lives.
- File a complaint with the chancery clerk, and pay the fee. If you are divorcing, custody is decided in the divorce case.
- Get a summons. Custody cases use a special summons that sets a court date.
- Serve the other parent. A custody case can be tried 30 days after service, or 7 days for temporary relief.
- Exchange financial statements if support is at issue, under Uniform Chancery Court Rule 8.05.
- Attend the hearing. Even if the other parent does not answer, you must still give the judge evidence.
The Mississippi Access to Justice Commission lists free family law resources and protection order forms. Mississippi has no single statewide custody form, so many parents use a lawyer or legal aid.
How much does it cost to file for custody in Mississippi?
Chancery clerk fees come from section 25-7-9, plus state and county charges. The total differs by county. Here is one official example, from Oktibbeha County's chancery clerk.
| Filing | Fee |
|---|---|
| Child custody or visitation | $158 |
| Paternity | $158 |
| Modification | $158 |
| Contempt or reopening a case | $158 |
| Temporary restraining order | $158 |
| Divorce, uncontested or joint | $148 |
| Divorce, contested | $158 |
| Counterclaim | $148 |
| Domestic abuse protection order | Free |
These amounts were last checked October 28, 2026. Your county may charge more or less, so confirm with your chancery clerk before filing.
What changed recently
The biggest change in decades took effect in 2026.
- July 1, 2026: House Bill 1662 made joint custody with equal parenting time the presumption for first custody orders. It also removed the old rule that joint custody in an irreconcilable differences divorce needed both parents to apply.
- July 1, 2026: the family violence presumption moved from subsection (9) to subsection (7) of section 93-5-24. Older guides cite the old number.
- July 1, 2026: the special summons rules for custody cases moved from Rule 81(d) to Rule 4(i) of the civil rules.
- July 1, 2026: House Bill 1577 made a willful false report of child abuse punishable by fines and jail.
- March 13, 2026: Senate Bill 2230 said a judge's electronic signature on a protection order cannot be denied legal effect just for being electronic.
- 2026: Senate Bill 2716, which would have let chancery courts hear any emergency protection request, died in committee.
- 2024 and 2025: earlier equal-time bills, House Bill 783 and Senate Bill 2484, failed to pass.
Last checked October 28, 2026. Laws can change, so check before you rely on this.
Building the record
Mississippi judges now start at equal time, then ask whether the evidence points elsewhere. The Albright factors, such as who gave daily care, frame that evidence.
Note each exchange, school task and doctor visit on the day it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read one clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Mississippi.
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A Mississippi custody record
Mississippi judges start at equal time and use the Albright factors to test it. Keep these items current so your facts are ready.
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Is Mississippi a 50/50 custody state?
Yes, for first orders. Since July 1, 2026, Mississippi presumes joint custody with equally shared parenting time in first custody orders. A parent can rebut it with evidence, and it does not apply to modifications.
What are the custody laws in Mississippi for unmarried parents?
The Mississippi Supreme Court has said a suitable unmarried mother has the primary right to custody, all things being equal. A father who acknowledges the child has an equal claim and can file for custody in chancery court.
How do I file for emergency custody in Mississippi?
You can ask the chancery court for temporary custody, which can be heard 7 days after service. For immediate danger, a court can issue a temporary restraining order or an emergency domestic abuse protection order without notice.
At what age can a child choose which parent to live with in Mississippi?
At 12, a child may state a preference if the judge finds both parents fit. The judge is not bound by it, but must explain why the child's wishes were or were not followed.
What are the Albright factors in Mississippi?
They are the best-interest factors from Albright v. Albright (1983). They include continuity of care, parenting skills, each parent's job, health, emotional ties, moral fitness, stability and the child's preference.
How much does it cost to file for custody in Mississippi?
It depends on the county. Oktibbeha County, for example, charges $158 to file for custody or visitation. A domestic abuse protection order is free to the person asking for protection.
Sources
This page summarizes the Mississippi Code, 2026 session laws, state court rules and Mississippi Supreme Court decisions, as of October 2026. It explains the law in general terms and is not legal advice.
- House Bill 1662 (2026), amending Miss. Code § 93-5-24 — equal-time presumption checked
- House Bill 1662 (2026) — bill history, approved April 8, 2026 checked
- Miss. Code § 93-11-65 — custody actions and the child's preference at 12 checked
- Miss. Code § 93-9-28 — voluntary acknowledgment of paternity checked
- Miss. Code §§ 93-21-7, 93-21-11, 93-21-15 — current text as reprinted in 2026 Senate Bill 2716 checked
- Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) — best-interest factors checked
- Smith v. Watson, 425 So. 2d 1030 (Miss. 1983) — unmarried parents checked
- Tucker v. Tucker, 453 So. 2d 1294 (Miss. 1984) — modification checked
- Spain v. Holland, 483 So. 2d 318 (Miss. 1986) — relocation checked
- Mississippi Rules of Civil Procedure, effective July 1, 2026 — Rules 4(i) and 65 checked
- Oktibbeha County Chancery Clerk — chancery court filing fees checked