CHILD CUSTODY AND PARENTING PLAN AGREEMENT

(State of Mississippi – Governed by Miss. Code Ann. § 93-5-24 (2023) and applicable Mississippi family-law rules)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Custody Allocation
   3.2 Parenting Time Schedule
   3.3 Decision-Making Authority
   3.4 Support & Child-Related Expenses
   3.5 Relocation
   3.6 Communication & Information-Sharing
   3.7 Travel, Passports & Emergency Matters
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties.
This Child Custody and Parenting Plan Agreement (the “Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

(a) [PARENT A FULL LEGAL NAME], residing at [ADDRESS] (“Parent A”); and
(b) [PARENT B FULL LEGAL NAME], residing at [ADDRESS] (“Parent B,” and together with Parent A, the “Parties”).

1.2 Minor Child(ren).
This Agreement concerns the following minor child(ren) (each, a “Child,” and collectively, the “Children”):

1.3 Jurisdiction & Venue.
The Parties acknowledge and stipulate that Mississippi has and shall retain exclusive, continuing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) and that any action to modify, interpret, or enforce this Agreement shall be brought in the [COUNTY] County Chancery Court, State of Mississippi (the “Family Court”).

1.4 Recitals.
A. The Parties are the natural parents of the Children.
B. The Parties desire to set forth their mutual understandings regarding legal custody, physical custody, visitation/parenting time, and related matters in accordance with Mississippi law and the best interests of the Children.
C. The Parties intend that this Agreement be incorporated but not merged into any final judgment or order of the Family Court so that it shall remain contractually enforceable.

2. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. Defined terms stated in singular include the plural and vice-versa.

“Agreement” has the meaning ascribed in Section 1.
“Best Interests Factors” means the statutory and court-recognized considerations applied by Mississippi courts in determining the welfare of children, including but not limited to stability of environment, parenting skills, moral fitness, and the preferences of a Child of suitable age.
“Exchange Location” means the designated site for the transfer of the Children set forth in Section 3.2.3.
“Holiday Schedule” means the allocation of holidays and special days as set forth in Exhibit A.
“Legal Custody” means the right and responsibility to make major decisions concerning the Children’s health, education, religion, and general welfare.
“Parenting Time” means the period during which a parent has the right and responsibility to have physical care of the Children.
“Physical Custody” refers to the day-to-day care, control, and supervision of the Children.
“Relocating Parent” has the meaning set forth in Section 3.5.1.

[// GUIDANCE: Add any additional defined terms unique to the family’s circumstances, e.g., “Supervised Parenting Time.”]

3. OPERATIVE PROVISIONS

3.1 Custody Allocation

3.1.1 Joint Legal Custody.
Pursuant to Miss. Code Ann. § 93-5-24, the Parties shall share joint legal custody of the Children. All major decisions shall be made after meaningful consultation, with neither Party unreasonably withholding consent.

3.1.2 Physical Custody.
(a) [Choose one:]
(i) The Parties shall share joint physical custody as allocated by the Parenting Time Schedule in Section 3.2; or
(ii) Primary physical custody shall be vested in [Parent A / Parent B], with [Parent B / Parent A] exercising Parenting Time as provided herein.

3.1.3 Tie-Breaker Provision.
If the Parties cannot reach agreement on a major decision after good-faith discussion, the Parties shall submit the issue to [MEDIATOR NAME] for expedited mediation. If mediation is unsuccessful, the status quo shall continue pending court review.

3.2 Parenting Time Schedule

3.2.1 Regular Weekday/Weekend Schedule.
Week 1: [Parent A] from Monday after school until Thursday at 6:00 p.m.; [Parent B] from Thursday at 6:00 p.m. until Monday school drop-off.
Week 2: Schedule reverses.

[// GUIDANCE: Provide an evenly balanced or alternate-weekend schedule as desired.]

3.2.2 Holiday Schedule.
Holidays, religious observances, school breaks, and Children’s birthdays shall be allocated as set forth in Exhibit A, which shall supersede the Regular Schedule in the event of conflict.

3.2.3 Exchange Logistics.
(a) Exchange Location: [CENTRAL LOCATION / SCHOOL / POLICE STATION].
(b) Punctuality: Each Party shall arrive no earlier than 15 minutes and no later than 15 minutes from the designated exchange time.
(c) Transportation Responsibility: The parent beginning his or her Parenting Time shall provide transportation unless otherwise agreed in writing.

3.2.4 Right of First Refusal.
If a parent will be unavailable to exercise Parenting Time for a period exceeding [X] hours, that parent shall first offer the time to the other parent before securing alternate childcare.

3.3 Decision-Making Authority

3.3.1 Day-to-Day Decisions.
During each parent’s Parenting Time, that parent shall make routine daily decisions regarding the Children’s care, consistent with the Children’s established schedule, diet, and medical needs.

3.3.2 Major Decisions.
Decisions relating to:
(a) Education (e.g., enrollment, IEPs, tutoring),
(b) Non-routine medical/dental/psychological treatment,
(c) Religious upbringing, and
(d) Extracurricular activities requiring a commitment of more than [X] hours per week or [$X] per month,
shall be considered “Major Decisions” and require joint written consent.

3.4 Support & Child-Related Expenses

3.4.1 Child Support.
Child support, if any, shall be addressed in a separate order consistent with Mississippi Child Support Guidelines. Nothing herein is intended to waive or modify statutory obligations.

3.4.2 Division of Extraordinary Expenses.
The Parties shall share, in proportion to their respective gross incomes (currently [PERCENTAGE PARENT A]% / [PERCENTAGE PARENT B]%), the following:
(a) Uninsured medical, dental, orthodontic, ophthalmologic, and psychological costs;
(b) Agreed-upon extracurricular activity fees;
(c) School fees, supplies, and tuition not covered by scholarships.

3.5 Relocation

3.5.1 Definition.
“Relocation” means a change in a parent’s principal residence that would: (a) move the Children more than [100] miles from the current residence, or (b) materially impair the other parent’s ability to exercise Parenting Time. The parent proposing such move is the “Relocating Parent.”

3.5.2 Notice Requirement.
The Relocating Parent shall provide the other parent with written notice at least 60 days in advance containing:
(a) New address and telephone number;
(b) Proposed relocation date;
(c) Reasons for relocation; and
(d) Proposed revisions to the Parenting Time Schedule.

3.5.3 Objection Procedure.
Within 30 days of receiving notice, the non-relocating parent may deliver a written objection. The Parties shall promptly mediate the dispute. If unresolved within 30 days of mediation, either Party may petition the Family Court for determination in accordance with Best Interests Factors.

3.5.4 Temporary Orders.
Neither parent shall relocate the Children prior to (i) written mutual consent, or (ii) entry of a court order authorizing relocation.

3.6 Communication & Information-Sharing

3.6.1 Direct Communication.
Each parent shall have reasonable telephonic, text, or video contact with the Children during the other parent’s Parenting Time, limited to [15] minutes and occurring between [TIME RANGE], unless otherwise agreed.

3.6.2 Access to Records.
Both parents shall have equal and independent rights to receive educational, medical, psychological, and extracurricular records. Each parent shall execute any authorizations required to facilitate such access.

3.6.3 Privacy & Non-Disparagement.
The Parties shall refrain from making disparaging remarks about the other parent or allowing third parties to do so in the presence of the Children.

3.7 Travel, Passports & Emergency Matters

3.7.1 Travel Within the United States.
Either parent may travel domestically with the Children during his or her Parenting Time upon 7 days’ prior written notice stating itinerary and emergency contact information.

3.7.2 International Travel.
International travel requires the written consent of both parents and, if applicable, court approval. Each parent shall cooperate in executing passport applications within 10 business days of request.

3.7.3 Emergencies.
The parent in possession may make emergency medical decisions as reasonably necessary. The other parent shall be notified as soon as practicable, but in no event later than 4 hours after any such emergency arises.

4. REPRESENTATIONS & WARRANTIES

4.1 Each Party represents and warrants that:
(a) He or she is a fit and proper person to have custody of the Children;
(b) He or she is not subject to any existing court order, criminal proceeding, or protective order that would conflict with this Agreement;
(c) He or she will at all times place the welfare of the Children above personal interests; and
(d) All financial disclosures provided for child support purposes are true, correct, and complete in all material respects.

4.2 Survival.
The foregoing representations and warranties shall survive execution of this Agreement and any court order incorporating same.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants.
Each parent shall:
(a) Foster and encourage the Children’s love, respect, and affection for the other parent;
(b) Maintain safe and suitable housing, clothing, and nourishment for the Children;
(c) Keep the other parent reasonably informed of the Children’s health, schooling, and activities; and
(d) Promptly provide copies of any report cards, medical reports, or disciplinary notices.

5.2 Negative Covenants.
Neither parent shall:
(a) Consume alcohol or illegal substances to impairment during Parenting Time;
(b) Permit overnight guests of romantic interest while the Children are present without at least [X] months’ dating relationship and [30] days’ prior notice to the other parent;
(c) Remove the Children from school contrary to compulsory-attendance laws; or
(d) Hide or secrete the Children with intent to deprive the other parent of court-ordered Parenting Time.

5.3 Notice & Cure.
In the event of a suspected breach, the non-breaching parent shall deliver written notice specifying the alleged violation and allowing [72] hours to cure, unless the breach poses an immediate threat to child safety.

6. DEFAULT & REMEDIES

6.1 Events of Default.
The following constitute defaults:
(a) Willful denial of court-ordered Parenting Time;
(b) Failure to comply with relocation procedures;
(c) Chronic tardiness (more than [3] times in any 60-day period) exceeding 30 minutes;
(d) Material misrepresentation in support or expense disclosures;
(e) Violation of Section 5.2.

6.2 Remedies.
(a) Contempt. The non-defaulting parent may file for contempt, seeking make-up Parenting Time, attorneys’ fees, and other sanctions.
(b) Injunctive Relief. The Family Court may issue temporary restraining orders or preliminary injunctions to prevent imminent harm or unauthorized relocation.
(c) Modification. Repeated or substantial defaults may constitute a material change in circumstances warranting modification of custody under Miss. Code Ann. § 93-5-24.
(d) Attorney Fees & Costs. A defaulting parent shall reimburse the non-defaulting parent for all reasonable fees and costs incurred to enforce this Agreement.

7. RISK ALLOCATION

7.1 Child Welfare Priority – Indemnification.
Each parent (the “Indemnifying Parent”) shall indemnify, defend, and hold harmless the other parent from any claims, damages, costs, or liabilities arising out of the Indemnifying Parent’s willful or grossly negligent conduct that results in physical, emotional, or financial harm to the Children.

7.2 Insurance.
Each parent shall maintain health insurance for the Children as available through employment or state programs. Proof of coverage shall be exchanged annually.

7.3 Force Majeure.
A parent shall not be deemed in default for failure to perform Parenting Time obligations due to events beyond his or her reasonable control (e.g., natural disasters, governmental orders, severe illness), provided prompt notice is given and make-up time is scheduled within 30 days.

8. DISPUTE RESOLUTION

8.1 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict-of-laws principles.

8.2 Forum Selection.
The Parties irrevocably submit to the exclusive jurisdiction of the [COUNTY] County Chancery Court, State of Mississippi for any proceeding arising out of or relating to this Agreement.

8.3 Mediation Prerequisite.
Except for emergencies requiring immediate court action, the Parties shall mediate any dispute regarding interpretation, implementation, or modification of this Agreement with a Mississippi-licensed mediator before filing any motion in court.

8.4 Arbitration (Limited).
Only disputes concerning allocation of extraordinary expenses under Section 3.4.2 may, by mutual written agreement, be submitted to binding arbitration under the Mississippi Arbitration Act. Custody, visitation, or relocation matters shall not be subject to arbitration.

8.5 Jury Waiver.
Family-law matters in Mississippi are heard without a jury; accordingly, no jury-trial right exists or is waived herein.

8.6 Injunctive Relief Preservation.
Nothing in this Section 8 shall limit either Party’s right to seek temporary or permanent injunctive relief from the Family Court to protect the welfare of the Children or to prevent unauthorized relocation.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers.
No amendment or waiver shall be effective unless in a writing signed by both Parties and, where required, approved by the Family Court.

9.2 Assignment & Delegation.
Parental rights and obligations are personal in nature and may not be assigned or delegated.

9.3 Successors & Assigns.
This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, legal representatives, and permitted assigns.

9.4 Severability.
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.

9.5 Integration.
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter and supersedes all prior agreements or understandings, whether written or oral.

9.6 Counterparts; Electronic Signatures.
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. Signatures transmitted by facsimile or secure electronic means (e.g., PDF, DocuSign) shall be deemed originals.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date first above written.

| | |
| ____ | ____ |
| [PARENT B NAME], Parent B | Date: _______ |

NOTARY ACKNOWLEDGMENT
State of Mississippi
County of [__]

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [PARENT A] and [PARENT B], known to me or satisfactorily proven to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

Notary Public
My Commission Expires: _______

Exhibit A – Holiday & Special Day Schedule

[// GUIDANCE: Insert detailed alternating schedule for major holidays, school vacations, birthdays, Mother’s Day, Father’s Day, etc.]

Exhibit B – Extraordinary Expense Allocation Worksheet

[// GUIDANCE: Provide blank table for annual income figures and percentage calculations.]

[// GUIDANCE:
1. Verify local court rules for any mandatory parenting-class certificates or additional statutory notices.
2. Confirm precise mileage or time thresholds for “Relocation” as may be updated by Mississippi statute or local rule.
3. Consider adding a “Safety Protocol” attachment if supervision, substance testing, or third-party transport is required.
4. Before filing, attach Mississippi’s statutorily required UCCJEA Affidavit (Form AOC-J-35) to any petition incorporating this Agreement.]