A growing number of states now begin child custody cases with the assumption that parents will share time equally. Mississippi and Louisiana are the latest to adopt this approach. For parents who are separating or already share custody, the shift can change how a case is argued and decided.
What the New Laws Do
At least seven states have now made equal parenting time the legal starting point in custody cases. Kentucky led the way in 2018, and Arkansas, West Virginia, Florida, and Missouri followed before Mississippi and Louisiana joined this year.
Mississippi and Louisiana Join the List
Mississippi’s new law makes a 50-50 split the default. A parent who wants more time must show evidence that equal time is not in the child’s best interest.
Louisiana took a narrower route. Its law changed the word “should” to “shall,” so physical custody must now be shared equally unless a court finds otherwise. In both states, judges can still depart from the default when credible evidence supports more time for one parent.
Child Support Changes Too
Mississippi also revised its support formula. Under a 50-50 arrangement, the lower-earning parent may receive smaller payments than before. Parents who want to understand how child support works should look closely at how parenting time and income interact under the new rules.
Why the Laws Are Debated
Supporters say an equal starting point treats both parents fairly and keeps fathers involved. They also argue it lowers conflict, since neither parent has to prove the other is unfit just to get meaningful time.
Critics see real risks. Their main concerns include:
- Children may spend more time with a parent who poses a safety risk
- An abused spouse may stay in a marriage to avoid shared custody with an unsafe parent
- Infants and very young children may have needs that an equal schedule does not meet
Some Mississippi judges opposed the change and preferred the old case-by-case system. Families facing difficult family disputes involving abuse or safety concerns still have the ability to present that evidence to the court.
More States Are Considering It
Oklahoma’s bill passed the House this year but died in the Senate. Similar proposals have surfaced in Alabama, Idaho, Indiana, and North Carolina.
A default doesn’t end every disagreement, though. Contested custody disputes can still take months and carry real costs.
What Parents Should Know
A new default generally affects how courts start a case. It does not automatically rewrite an existing order. A parent who wants to change parenting time or child support payments usually needs to ask the court for a modification.
Planning a Workable Schedule
Equal time depends on practical details like school, distance between homes, and work hours. Some parents rely on co-parenting apps to manage calendars and keep communication organized.
Resolving Issues Outside Court
Many parents reach a schedule without a contested hearing. Mediation and other alternatives to divorce court can give families more control over the result.
Following These Changes
Mississippi and Louisiana are unlikely to be the last states to rewrite their custody defaults. With bills already introduced in Alabama, Idaho, Indiana, and North Carolina, parents who keep an eye on family law law news will be better prepared if their own legislature takes up the issue.
Whether a parenting schedule was set years ago or a separation is just beginning, Cunningham Law Resources can assess how equal-time rules may apply to your family and what a court is likely to weigh in your case.