MS HB1292

Creates a rebuttable presumption that equal (50-50) joint custody is in the best interest of a child in divorce proceedings, effective July 1, 2024.

Requires courts to consider specific factors when determining whether to rebut the presumption, including family violence history, child's special needs, parental compliance with support orders, substance abuse, criminal records, and the child's preferences if age 14 or older.

Provides that if the presumption is rebutted, courts must construct a parenting schedule maximizing time with each parent unless parents agree otherwise.

Requires courts to specify which parent may claim state and federal income tax deductions and exemptions for the child, or allow equitable division year-to-year.

Clarifies that the new presumption does not affect custody orders issued before July 1, 2024, and does not constitute grounds for modification without showing a material change in circumstances.