Mississippi Joint Custody Agreement

JOINT CUSTODY AGREEMENT AND IMPLEMENTATION PLAN

IN THE CHANCERY COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________], Petitioner/Parent A

v. Cause No. [________________________________]

[________________________________], Respondent/Parent B

NOTICE REGARDING MISSISSIPPI JOINT CUSTODY LAW

Mississippi law authorizes the Chancery Court to award joint custody to both parents. Miss. Code Ann. § 93-5-24(2). Under § 93-5-24(5)(e), where both parents agree to joint custody, the court shall apply a rebuttable presumption that joint custody is in the best interest of the child. The court may, in its discretion, require the parents to submit an implementation plan for the custody order. Miss. Code Ann. § 93-5-24(2). This Agreement constitutes the Parents' joint custody implementation plan.

I. PARTIES AND CHILDREN

A. Parent Identification

B. Minor Child(ren)

C. Related Court Proceedings

• Divorce Case: ☐ Yes ☐ No -- If yes, Case No.: [________________________________]
• Paternity Action (Miss. Code Ann. § 93-9-1 et seq.): ☐ Yes ☐ No
• Existing Protective Order: ☐ Yes ☐ No -- If yes, details: [________________________________]
• Pending CPS Investigation (Mississippi Dept. of Child Protection Services): ☐ Yes ☐ No

II. JOINT LEGAL CUSTODY

A. Grant of Joint Legal Custody

Pursuant to Miss. Code Ann. § 93-5-24(2), the Parents shall share joint legal custody of the child(ren). Both Parents shall have equal rights and responsibilities to make major decisions concerning the child(ren)'s health, education, and general welfare.

B. Definition of Major Decisions

Major decisions requiring mutual consultation and agreement include:

1. Education: School enrollment, choice of school (public, private, charter, homeschool), special education services (IEP/504), and school transfers
2. Medical Care: Selection of physicians, dentists, and specialists; non-emergency medical procedures; surgical procedures; prescription medications; vaccinations
3. Mental Health: Initiation of counseling, therapy, psychiatric treatment, or psychological evaluation
4. Religious Upbringing: Religious education, baptism or equivalent ceremonies, and regular religious activities
5. Extracurricular Activities: Activities requiring significant financial commitment or time commitment
6. Travel: Travel outside the State of Mississippi or international travel
7. Legal Matters: Any legal proceedings involving the child(ren)
8. Driving: Obtaining a learner's permit or driver's license

C. Decision-Making Process

1. The Parent identifying the need for a major decision shall notify the other Parent in writing (email or co-parenting application) with sufficient information for informed decision-making.
2. The notified Parent shall respond within [____] calendar days.
3. If a Parent fails to respond within the time period, the initiating Parent may proceed with the decision after sending a second written notice allowing an additional [____] days.
4. Parents shall make good-faith efforts to reach agreement on all major decisions.

D. Tie-Breaking Mechanism

If the Parents cannot agree on a major decision after good-faith efforts:

☐ Option 1: The matter shall be submitted to mediation before a Mississippi-qualified family law mediator before either Parent may petition the Chancery Court.

☐ Option 2: The following Parent shall have final decision-making authority in the following areas (while still required to consult in good faith):

E. Emergency Decisions

The Parent with physical possession of the child(ren) may make emergency medical decisions when immediate action is necessary to protect the child's health or safety. That Parent shall notify the other Parent as soon as practicable and no later than twenty-four (24) hours after the emergency.

III. JOINT PHYSICAL CUSTODY

A. Parenting Time Allocation

Pursuant to Miss. Code Ann. § 93-5-24(5)(e), the Parents agree to share physical custody with the following allocation:

☐ Substantially equal time (approximately 50/50)
☐ Primary residence with one Parent, liberal parenting time to the other -- Primary residence Parent: [________________________________]

B. Regular Parenting Time Schedule

Select the applicable schedule:

☐ Alternating Weeks (7/7):
Parent A: Sunday at [____] through the following Sunday at [____]
Parent B: The alternating week on the same schedule

☐ 2-2-3 Rotation:
Week 1: Parent A -- Monday and Tuesday; Parent B -- Wednesday and Thursday; Parent A -- Friday through Sunday
Week 2: Parent B -- Monday and Tuesday; Parent A -- Wednesday and Thursday; Parent B -- Friday through Sunday

☐ 5-2-2-5 Schedule:
Parent A -- Every Monday and Tuesday
Parent B -- Every Wednesday and Thursday
Friday through Sunday -- Alternating (Parent A on odd weeks, Parent B on even weeks)

☐ Every Other Weekend Plus Midweek (for primary residence arrangement):
Primary Parent: Weekdays except as noted below
Other Parent: Alternating weekends Friday at [____] to Sunday at [____], plus every Wednesday from [____] to [____]

☐ Custom Schedule: [________________________________]

C. School-Year vs. Summer Schedule

School Year (based on [________________________________] School District calendar):

[________________________________]

Summer Break:

☐ Regular schedule continues during summer
☐ Modified summer schedule: [________________________________]
☐ Each Parent receives [____] consecutive weeks of uninterrupted summer time with [____] days' advance written notice

D. Designation of Primary Residence for School Enrollment

For purposes of school enrollment and mailing address only, the child(ren)'s primary residence shall be designated as:

☐ Parent A's address ☐ Parent B's address

This designation does not affect the joint custody arrangement or either Parent's rights.

E. Tax Exemption Allocation

Consistent with Miss. Code Ann. § 93-5-24(5)(e), when the Court orders equal (50-50) joint custody, the order must specify which Parent may claim state and federal income tax deductions and exemptions:

☐ Parent A claims child(ren) in even-numbered tax years; Parent B claims child(ren) in odd-numbered tax years
☐ If multiple children: Parent A claims [________________________________]; Parent B claims [________________________________]
☐ Other arrangement: [________________________________]

IV. HOLIDAY AND SPECIAL OCCASION SCHEDULE

Holidays supersede the regular parenting time schedule. Unless otherwise specified, holiday time begins at [____] and ends at [____].

A. Alternating Holidays

B. Fixed Holidays

• Mother's Day: Child(ren) with Mother from Saturday 9:00 AM to Sunday 7:00 PM (every year)
• Father's Day: Child(ren) with Father from Saturday 9:00 AM to Sunday 7:00 PM (every year)
• Each Parent's Birthday: Child(ren) with that Parent from 5:00 PM to 8:00 PM (every year)
• Child(ren)'s Birthday: ☐ Shared celebration ☐ Alternating years ☐ Non-possessing Parent receives [____] hours

C. Mississippi-Specific Dates

• Confederate Memorial Day (last Monday in April): Follows regular school/schedule
• Mississippi state holidays: Follow regular schedule unless otherwise agreed

V. EXCHANGES AND TRANSITIONS

A. Exchange Location

☐ School (drop-off and pick-up during school days)
☐ Neutral public location: [________________________________]
☐ Parent A's residence
☐ Parent B's residence
☐ Other: [________________________________]

B. Transportation

☐ The receiving Parent shall pick up the child(ren)
☐ The delivering Parent shall drop off the child(ren)
☐ Parents shall share transportation equally, meeting at: [________________________________]
☐ Other arrangement: [________________________________]

C. Exchange Protocols

1. The delivering Parent shall ensure the child(ren) are ready at the scheduled time with all necessary belongings, medications, school materials, and clothing.
2. If a Parent will be more than fifteen (15) minutes late, that Parent shall notify the other Parent immediately.
3. Parents shall conduct exchanges in a civil and respectful manner. Neither Parent shall engage in arguments, confrontations, or negative remarks during exchanges.
4. The child(ren) shall have free passage of their personal belongings between households.

D. Right of First Refusal

If either Parent is unable to care for the child(ren) for more than [____] consecutive hours during that Parent's scheduled time, that Parent shall first offer the other Parent the opportunity to exercise additional parenting time before arranging third-party childcare.

The other Parent shall have [____] hours to accept or decline.

VI. COMMUNICATION

A. Between Parents

1. Parents shall communicate primarily through: ☐ Email ☐ Co-parenting application (e.g., OurFamilyWizard, TalkingParents) ☐ Text message ☐ Other: [________________________________]
2. Communications shall be respectful, child-focused, and business-like.
3. Each Parent shall respond to non-emergency communications within [____] hours.
4. Emergency communications shall be by telephone.

B. Parent-Child Communication

1. Each Parent shall facilitate reasonable telephone and/or video contact between the child(ren) and the other Parent during that Parent's parenting time.
2. Contact shall occur at mutually agreed times, generally: [________________________________]
3. Neither Parent shall monitor, record, or interfere with the child(ren)'s private communications with the other Parent.

C. Non-Disparagement

Neither Parent shall make negative, derogatory, or disparaging remarks about the other Parent, the other Parent's family members, or the other Parent's household in the presence or hearing of the child(ren). Neither Parent shall allow others to do so in the child(ren)'s presence.

D. 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 of the change.

VII. INFORMATION SHARING AND ACCESS

Consistent with Miss. Code Ann. § 93-5-24(1)(d):

1. Both Parents shall have full and equal access to the child(ren)'s school records, report cards, progress reports, teacher communications, and the right to attend parent-teacher conferences and school events.
2. Both Parents shall have full and equal access to the child(ren)'s medical, dental, vision, and mental health records. Both Parents shall be listed as authorized contacts with all healthcare providers.
3. Both Parents shall be listed as emergency contacts at the child(ren)'s school and with all healthcare and childcare providers.
4. Each Parent shall promptly share information regarding the child(ren)'s health, well-being, academic performance, behavioral concerns, and significant events.

VIII. CHILD-REARING PROVISIONS

A. Education

1. The child(ren) shall attend: [________________________________] (school name and district)
2. Both Parents shall support the child(ren)'s education and ensure homework completion during their parenting time.
3. Both Parents may attend school events and extracurricular activities regardless of the parenting schedule.

B. Healthcare

1. Health Insurance: [________________________________] (Parent A / Parent B) shall maintain health, dental, and vision insurance for the child(ren).
2. Unreimbursed Medical Expenses: Shall be shared: ☐ Equally (50/50) ☐ Proportionally to income (Parent A: [____]% / Parent B: [____]%)
3. Medical Information: The Parent who takes a child to any medical appointment shall provide the other Parent with a summary of the visit within [____] days.

C. Extracurricular Activities

1. Activities shall be mutually agreed upon by both Parents.
2. Costs shall be shared: ☐ Equally ☐ Proportionally to income ☐ As agreed per activity
3. Both Parents shall make reasonable efforts to transport the child(ren) to activities during their respective parenting time.

D. Consistency Between Households

The Parents shall make reasonable efforts to maintain consistency regarding:

• Bedtimes and sleep routines
• Homework expectations and routines
• Screen time and technology rules
• Discipline approaches
• Dietary needs and restrictions

E. New Relationships

If either Parent enters a new romantic relationship, that Parent shall introduce the new partner to the child(ren) gradually and only after the relationship has become established. Neither Parent shall allow a romantic partner to have overnight stays when the child(ren) are present until: ☐ The Parents mutually agree ☐ A period of [____] months ☐ Marriage or engagement ☐ No restriction

IX. RELOCATION

A. Notice Requirement

A Parent intending to relocate more than [____] miles from the current residence or outside [________________________________] County shall provide the other Parent with written notice at least sixty (60) days in advance.

B. Content of Notice

The notice shall include: (a) the proposed new address; (b) the reason for the relocation; (c) a proposed revised parenting schedule; (d) a description of how the relocation serves the child(ren)'s best interests.

C. Effect on Custody

Under Mississippi case law, relocation alone may not constitute a material change in circumstances, but its practical impact on custody arrangements is a valid factor for the Chancery Court to consider. Lambert v. Lambert, 872 So. 2d 679 (Miss. Ct. App. 2003). If Parents cannot agree on a modified schedule, either may petition the Chancery Court.

D. No Relocation Pending Resolution

Until the Parents agree or the Chancery Court rules, the relocating Parent shall not move the child(ren) from their current school district without the other Parent's written consent or court order.

X. DOMESTIC VIOLENCE AND SAFETY PROVISIONS

A. Acknowledgment

☐ There is no history of domestic violence between the Parents.
☐ There is a history of domestic violence. The following provisions apply:

Under Miss. Code Ann. § 93-5-24(5), there is a rebuttable presumption that it is detrimental to the child and not in the child's best interest for a parent who has a history of perpetrating family violence to have custody or unsupervised visitation. "History of family violence" means either one incident resulting in serious bodily injury or a pattern of family violence.

B. Safety Provisions (if applicable)

[________________________________]

XI. GUARDIAN AD LITEM

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

☐ A Guardian Ad Litem is not requested at this time.
☐ A Guardian Ad Litem has been appointed: [________________________________]
☐ Guardian Ad Litem fees shall be allocated: ☐ Equally ☐ Parent A: [____]% / Parent B: [____]% ☐ As determined by the Court

XII. PARENTING EDUCATION

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

• Parent A: Date [__/__/____] Provider: [________________________________]
• Parent B: Date [__/__/____] Provider: [________________________________]
  ☐ Both Parents shall complete a court-approved parenting education course within [____] days of entry of this order.
  ☐ Parenting education is not required for this proceeding.

XIII. DISPUTE RESOLUTION

A. Good-Faith Communication

Parents shall first attempt to resolve disagreements through direct, respectful communication.

B. Mediation

If direct communication fails, Parents shall participate in mediation with a Mississippi-qualified family law mediator before filing any motion with the Chancery Court (except in emergencies). The cost of mediation shall be shared: ☐ Equally ☐ Proportionally to income ☐ As determined by the mediator.

C. Chancery Court Jurisdiction

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

D. Emergency Relief

Either Parent may seek emergency relief from the Chancery Court at any time to protect the child(ren)'s health, safety, or welfare without first engaging in mediation.

XIV. ENFORCEMENT

A. Contempt

Willful violation of this Agreement, once incorporated into a Chancery Court order, may be enforced through contempt proceedings.

B. Make-Up Time

If a Parent is wrongfully denied parenting time, that Parent shall be entitled to make-up time of equal duration at the earliest practical opportunity.

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.

XV. GENERAL PROVISIONS

1. 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 case law including Albright v. Albright.

2. Modification. This Agreement may be modified by written agreement of both Parents approved by the Chancery Court, or by the Chancery Court upon a showing of material change in circumstances adversely affecting the child(ren) under Riley v. Doerner, 677 So. 2d 740 (Miss. 1996).

3. Annual Review. Parents agree to review this Agreement annually and discuss any needed adjustments to accommodate the child(ren)'s changing needs.

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

5. Integration. This Agreement, together with any Chancery Court orders, constitutes the entire understanding between the Parents regarding joint custody.

6. Counterparts and Electronic Signatures. This Agreement may be executed in counterparts. Electronic signatures shall be treated as originals.

7. Filing. This Agreement shall be filed with the Chancery Court of [________________________________] County, Mississippi, for incorporation into a court order.

XVI. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Joint Custody Agreement and Implementation Plan.

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, depose and say that the foregoing Joint Custody Agreement and Implementation Plan is true and correct and was entered into voluntarily and in the best interests of the minor child(ren).

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 JOINT CUSTODY AGREEMENT

THIS CAUSE came before the Court on the Parents' Joint Custody Agreement and Implementation Plan. The Court, having reviewed the Agreement and being otherwise fully advised, finds:

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

2. Both Parents have agreed to joint custody, and pursuant to Miss. Code Ann. § 93-5-24(5)(e), there is a rebuttable presumption that joint custody is in the best interest of the child(ren).

3. The Agreement 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.

5. The Parents' Implementation Plan is approved pursuant to Miss. Code Ann. § 93-5-24(2).

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the foregoing Joint Custody Agreement and Implementation Plan is hereby APPROVED and ADOPTED as an Order of this Court.

☐ Both Parents are ordered to complete a court-approved parenting education course within [____] days.

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 awarded by court; joint custody provisions; rebuttable presumption that joint custody is in best interest when parents agree; domestic violence presumption
• Miss. Code Ann. § 93-5-24(2) -- Joint custody defined; court may require implementation plan
• Miss. Code Ann. § 93-5-24(5)(e) -- Rebuttable presumption of joint custody; tax exemption allocation requirement for 50/50 custody
• Miss. Code Ann. § 93-5-24(1)(d) -- Non-custodial parent's access to child's records
• Miss. Code Ann. § 93-5-24(3) -- Court may appoint Guardian Ad Litem
• Miss. Code Ann. § 93-5-23 -- Custody of children; alimony
• Miss. Code Ann. § 93-11-65(1)(a) -- Child's preference at age 12 or older
• Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) -- Best interest factors for custody
• Riley v. Doerner, 677 So. 2d 740 (Miss. 1996) -- Material change in circumstances for modification
• Lambert v. Lambert, 872 So. 2d 679 (Miss. Ct. App. 2003) -- Relocation impact analysis
• Uniform Chancery Court Rule 8.06 -- Address change notification within 5 days; natural disaster provisions
• Mississippi Chancery Courts have exclusive original jurisdiction over domestic relations matters