Custody

If you get your temporary or final custody order after July 1, 2026, the judge (chancellor) will assume that joint custody and equally shared parenting time are in your child’s best interests.¹ This assumption is called a “rebuttable presumption.” If you don’t agree with this presumption, you can try to change the chancellor’s mind.  To do this, you can present evidence that:

• you and the other parent have come to your own agreement about all issues related to custody;
• the other parent’s absence, mental illness, substance abuse, or other similar circumstances are not in your child’s best interests;
• the other parent has a history of family violence;
• the other parent is a registered sex offender;
• the other parent is in the custody of the Mississippi Department of Corrections; or
• there is any other relevant factor that the chancellor needs to know about. Note: The chancellor must decide that the information you offer is important (material) before they can use it to decide what’s in your child’s best interests.²

If the chancellor decides to grant joint custody and equally shared parenting time, they will create a parenting time schedule. The schedule will do two things:

1. maximize the time that you and the other parent have with your child; and
2. ensure that your child’s best interests are met.¹

Note: Mississippi law says that this rebuttable presumption will not apply to modifications of custody orders.³ Go to If a custody order is already in place, how can I get it changed? for more information on changing an order.

¹ Miss. Code § 93-5-24(2)(a)
² Miss. Code § 93-5-24(2)(b)
³ Miss. Code § 93-5-24(2)(e)