Mississippi Custody Modification Agreement

AGREED MODIFICATION OF CHILD CUSTODY ORDER

IN THE CHANCERY COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________], Petitioner/Parent A

v. Cause No. [________________________________]

[________________________________], Respondent/Parent B

NOTICE TO PARTIES

Under Mississippi law, modification of a prior custody decree requires proof by a preponderance of the evidence that (1) a material change in circumstances has occurred since entry of the prior order, and (2) such change adversely affects the child. Riley v. Doerner, 677 So. 2d 740, 744 (Miss. 1996). The Chancery Court must then re-evaluate custody under the Albright factors. This document is an agreed modification; however, it must still be submitted to the Chancery Court for approval and a finding that the modification serves the best interests of the child(ren).

I. PARTIES AND CHILDREN

A. Parent Identification

B. Minor Child(ren) Subject to This Modification

C. Prior Custody Order Being Modified

• Court: Chancery Court of [________________________________] County, Mississippi
• Case Number: [________________________________]
• Date of Original Order: [__/__/____]
• Chancellor: Honorable [________________________________]
• Type of Original Custody: ☐ Joint Legal and Physical ☐ Joint Legal / Primary Physical to One Parent ☐ Sole Custody to One Parent ☐ Other: [________________________________]

II. MATERIAL CHANGE IN CIRCUMSTANCES

Under Riley v. Doerner, 677 So. 2d 740 (Miss. 1996), the Parents stipulate that the following material change(s) in circumstances have occurred since entry of the prior custody order and have adversely affected the child(ren):

A. Nature of Changed Circumstances

☐ Parent's relocation (see Lambert v. Lambert, 872 So. 2d 679 (Miss. Ct. App. 2003))
☐ Change in parent's employment or work schedule
☐ Change in child's educational needs
☐ Change in child's medical or mental health needs
☐ Child has reached age 12 and expressed a preference (Miss. Code Ann. § 93-11-65(1)(a))
☐ Change in parent's physical or mental health
☐ Change in parent's household composition (remarriage, new partner, additional children)
☐ Improvement in non-custodial parent's circumstances
☐ Deterioration of custodial parent's home environment
☐ Completion of court-ordered treatment, counseling, or parenting classes
☐ Domestic violence concerns (considered under Albright and § 93-5-24(5))
☐ Substance abuse issues
☐ Other: [________________________________]

B. Detailed Description of Changed Circumstances

[________________________________]
[________________________________]
[________________________________]

C. Adverse Effect on Child(ren)

The Parents agree that the above changes have adversely affected the child(ren) in the following ways:

[________________________________]
[________________________________]

D. Totality of the Circumstances

Consistent with Mississippi case law requiring examination of the "totality of the circumstances" (Riley v. Doerner), the Parents agree the cumulative effect of these changes warrants modification.

III. ALBRIGHT FACTOR ANALYSIS

Pursuant to Albright v. Albright, 437 So. 2d 1003, 1005 (Miss. 1983), the Parents acknowledge that the Chancery Court must evaluate the following factors in determining whether the proposed modification serves the best interests of the child(ren). The Parents stipulate as follows regarding each factor:

Factor 1: Age, Health, and Sex of the Child

[________________________________]

Factor 2: Continuity of Care Prior to Separation

[________________________________]

Factor 3: Parenting Skills and Willingness to Provide Primary Care

[________________________________]

Factor 4: Employment of Parent and Responsibilities of Employment

[________________________________]

Factor 5: Physical and Mental Health and Age of Parents

[________________________________]

Factor 6: Emotional Ties of Parent and Child

[________________________________]

Factor 7: Moral Fitness of Parents

[________________________________]

Factor 8: Home, School, and Community Record of the Child

[________________________________]

Factor 9: Preference of the Child at Sufficient Age to Express a Preference

☐ Child is under age 12 -- preference not applicable
☐ Child is age 12 or older and has expressed a preference for: [________________________________]
(Under Miss. Code Ann. § 93-11-65(1)(a), a child age 12 or older may choose which parent to live with, subject to the court's right to determine the best interest of the child.)

Factor 10: Stability of Home Environment and Employment

[________________________________]

Factor 11: Other Relevant Factors

(Mississippi courts have recognized additional factors including: willingness to foster the other parent's relationship, history of domestic violence, each parent's willingness to encourage contact, and any other factor relevant to the child's best interests.)

[________________________________]

IV. AGREED MODIFICATIONS

A. Legal Custody Modification

Prior Arrangement: [________________________________]

Modified Arrangement (select one):

☐ Joint Legal Custody -- Both Parents shall share the right and responsibility to make major decisions relating to the health, education, and welfare of the child(ren). Major decisions require mutual consultation and agreement, consistent with Miss. Code Ann. § 93-5-24(2).

☐ Sole Legal Custody to Parent A / Parent B (circle one) -- [________________________________] shall have exclusive decision-making authority for all major decisions.

☐ No change to legal custody

Decision-Making Allocation (if joint legal custody):

B. Physical Custody Modification

Prior Arrangement: [________________________________]

Modified Arrangement (select one):

☐ Joint Physical Custody with Substantially Equal Time -- Consistent with Miss. Code Ann. § 93-5-24(5)(e), the child(ren) shall spend substantially equal time with each Parent as set forth in the schedule below.

☐ Primary Physical Custody to Parent A / Parent B (circle one) with visitation to the other Parent as set forth below.

☐ No change to physical custody

C. Modified Parenting Time Schedule

Regular Schedule:

Parent A's time: [________________________________]

Parent B's time: [________________________________]

Exchange Location: [________________________________]

Transportation Responsibility: [________________________________]

D. Modified Holiday and Vacation Schedule

☐ Holiday schedule modified as follows: [________________________________]

☐ Summer schedule modified as follows: [________________________________]

☐ No change to holiday/vacation schedule

E. Relocation (if applicable)

☐ Not applicable

☐ Parent [____] is relocating to [________________________________] effective [__/__/____].

Impact on parenting schedule: [________________________________]

Revised schedule to accommodate relocation: [________________________________]

(Note: Under Mississippi case law, relocation alone may not constitute a material change in circumstances, but its impact on the child and practical effect on custody arrangements is a valid consideration. Lambert v. Lambert, 872 So. 2d 679 (Miss. Ct. App. 2003).)

F. Modification of Supervision Requirements (if applicable)

☐ Not applicable

☐ Supervised visitation is: ☐ Being added ☐ Being modified ☐ Being removed

Basis: [________________________________]

G. Child's Preference (if age 12 or older)

☐ Not applicable (child under 12)

☐ Child has expressed a preference and Parents have considered same in reaching this agreement. Under Miss. Code Ann. § 93-11-65(1)(a), the child's preference is one factor among many and is not dispositive.

V. GUARDIAN AD LITEM

Pursuant to Miss. Code Ann. § 93-5-24(3), the Chancery Court may appoint a Guardian Ad Litem to represent the best interests of the child(ren) in this modification proceeding.

☐ The Parents request appointment of a Guardian Ad Litem.
☐ The Parents do not request a Guardian Ad Litem but acknowledge the Court's authority to appoint one sua sponte.
☐ A Guardian Ad Litem has been appointed: [________________________________], Mississippi Bar No. [________________________________].

Guardian Ad Litem Fees: Shall be allocated: ☐ Equally ☐ Parent A: [____]% / Parent B: [____]% ☐ As determined by the Court

VI. PARENTING EDUCATION

Pursuant to Uniform Chancery Court Rules and local court requirements:

☐ Both Parents have completed a court-approved parenting education course.

• Parent A completion date: [__/__/____] Provider: [________________________________]
• Parent B completion date: [__/__/____] Provider: [________________________________]

☐ The Court has not required parenting education for this modification.

☐ Parents agree to complete parenting education within [____] days of entry of this order.

VII. PROVISIONS REMAINING UNCHANGED

Except as expressly modified herein, all other provisions of the prior custody order entered on [__/__/____] in Cause No. [________________________________] shall remain in full force and effect, including but not limited to:

☐ Child support provisions
☐ Health insurance provisions
☐ Non-disparagement provisions
☐ Communication protocols
☐ Information-sharing requirements
☐ Substance use restrictions
☐ Firearms safety requirements
☐ Other: [________________________________]

VIII. REPRESENTATIONS AND STIPULATIONS

The Parents represent and stipulate:

1. Each Parent has full legal capacity to enter this Agreement.
2. The material change in circumstances described in Section II is truthful and accurate.
3. This modification serves the best interests of the child(ren) under the Albright factors.
4. Each Parent enters this Agreement voluntarily, without coercion, duress, or undue influence.
5. Each Parent has disclosed all material information relevant to this modification, including current living situations, employment, relationships, and any circumstances affecting the child(ren)'s welfare.
6. Neither Parent has pending criminal charges, Mississippi Department of Child Protection Services (CPS) investigations, or domestic violence proceedings, except as disclosed: [________________________________].
7. Each Parent has had the opportunity to consult with independent legal counsel.
8. This Agreement complies with Miss. Code Ann. § 93-5-24 and applicable Mississippi case law.

IX. CONTINUING OBLIGATIONS

A. Cooperation and Communication

Parents shall cooperate in all matters concerning the child(ren)'s welfare and communicate respectfully through [________________________________] (e.g., email, co-parenting app, text message).

B. Non-Disparagement

Neither Parent shall make negative or disparaging remarks about the other Parent, the other Parent's family, or the other Parent's household in the child(ren)'s presence or hearing.

C. Address and Contact Changes

Pursuant to Uniform Chancery Court Rule 8.06, each Parent shall notify the other Parent of any change of address or telephone number within five (5) days.

D. Natural Disaster Notification

Pursuant to Uniform Chancery Court Rule 8.06, in the event of a natural disaster, the Parent with physical possession of the child(ren) shall notify the other Parent of the child(ren)'s well-being and whereabouts as soon as possible.

E. Substance Use

Neither Parent shall consume alcohol to the point of impairment or use any illegal substance during parenting time or within twelve (12) hours prior to the commencement of parenting time.

F. Information Sharing

Both Parents shall have full and equal access to school records, medical records, and other records concerning the child(ren), consistent with Miss. Code Ann. § 93-5-24(1)(d).

G. Facilitate Parent-Child Relationship

Each Parent shall actively foster and encourage the child(ren)'s relationship with the other Parent and shall not engage in parental alienation.

X. ENFORCEMENT AND REMEDIES

A. Contempt

Either Parent may file a Petition for Contempt in the Chancery Court of [________________________________] County, Mississippi, for willful violation of this Order.

B. Make-Up Parenting Time

If a Parent is denied court-ordered parenting time without good cause, the aggrieved Parent shall be entitled to make-up time of equal duration.

C. Attorney's Fees

The prevailing party in any enforcement proceeding may be awarded reasonable attorney's fees and costs, in the discretion of the Chancery Court.

XI. DISPUTE RESOLUTION

A. Governing Law

This Agreement is governed by the laws of the State of Mississippi, including Miss. Code Ann. §§ 93-5-23, 93-5-24, 93-11-65, and applicable Mississippi Supreme Court and Court of Appeals case law.

B. Exclusive Jurisdiction

The Chancery Court of [________________________________] County, Mississippi, shall have exclusive continuing jurisdiction over this matter. Mississippi Chancery Courts have exclusive original jurisdiction over domestic relations matters.

C. Mediation

Before filing any motion to modify or enforce this Agreement (except in emergencies), the Parents shall participate in good-faith mediation with a qualified Mississippi family law mediator. Mediation costs shall be shared: ☐ Equally ☐ Parent A: [____]% / Parent B: [____]% ☐ As ordered by the Court.

D. Emergency Relief

Nothing in this Section limits either Parent's right to seek emergency relief from the Chancery Court to protect the child(ren)'s health, safety, or welfare.

XII. GENERAL PROVISIONS

1. Amendment. This Agreement may be further modified only by written agreement of both Parents approved by the Chancery Court, or by order of the Chancery Court upon a showing of material change in circumstances adversely affecting the child(ren).

2. Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.

3. Integration. This Agreement, together with the unmodified provisions of the prior custody order, constitutes the entire agreement between the Parents regarding custody.

4. Counterparts and Electronic Signatures. This Agreement may be executed in counterparts. Electronic signatures shall be treated as original signatures under Mississippi law.

5. Filing. This Agreement shall be filed with the Chancery Court of [________________________________] County, Mississippi, together with an Agreed Order for the Chancellor's signature.

XIII. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Agreed Modification of Child Custody Order.

PARENT A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

PARENT B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

VERIFICATION

STATE OF MISSISSIPPI
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, personally appeared [________________________________] (Parent A) and [________________________________] (Parent B), who being duly sworn, state under oath that the statements in this Agreement are true and correct to the best of their knowledge.

Sworn to and subscribed before me this [____] day of [________________________________], 20[____].

_________________________________
Notary Public
My Commission Expires: [__/__/____]

[SEAL]

AGREED ORDER

IN THE CHANCERY COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________], Petitioner

v. Cause No. [________________________________]

[________________________________], Respondent

ORDER APPROVING MODIFICATION OF CUSTODY

THIS CAUSE came before the Court on the Parents' Agreed Modification of Child Custody. The Court, having reviewed the Agreement, the file, and being otherwise fully advised in the premises, finds:

1. The Court has jurisdiction over the parties and the subject matter pursuant to Miss. Code Ann. §§ 93-5-23, 93-5-24, and 93-11-65.

2. A material change in circumstances has occurred since the prior custody order that adversely affects the minor child(ren), consistent with Riley v. Doerner, 677 So. 2d 740 (Miss. 1996).

3. The proposed modification has been evaluated under the Albright v. Albright factors and serves the best interests of the minor child(ren).

4. The Agreement was entered into voluntarily by both Parents.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the foregoing Agreed Modification of Child Custody is hereby APPROVED and ADOPTED as an Order of this Court, effective [__/__/____].

SO ORDERED, this the [____] day of [________________________________], 20[____].

_________________________________
CHANCELLOR
Chancery Court of [________________________________] County, Mississippi

Sources and References

• Miss. Code Ann. § 93-5-24 -- Types of custody; joint custody; best interest factors; rebuttable presumption regarding domestic violence
• Miss. Code Ann. § 93-5-23 -- Custody of children; alimony
• Miss. Code Ann. § 93-11-65 -- Custody and support of minor children; child's preference at age 12
• Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) -- Twelve best-interest factors for custody determinations
• Riley v. Doerner, 677 So. 2d 740 (Miss. 1996) -- Material change in circumstances standard for custody modification
• Lambert v. Lambert, 872 So. 2d 679 (Miss. Ct. App. 2003) -- Relocation impact on custody
• Uniform Chancery Court Rule 8.06 -- Address change notification and natural disaster provisions
• Mississippi Chancery Courts have exclusive original jurisdiction over domestic relations matters