Mississippi Parenting Plan

PARENTING PLAN

IN THE CHANCERY COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________], Petitioner/Parent A

v. Cause No. [________________________________]

[________________________________], Respondent/Parent B

NOTICE REGARDING MISSISSIPPI PARENTING PLANS

Under Miss. Code Ann. § 93-5-24(2), the Chancery Court may require parents to submit a plan for the implementation of a custody order. This Parenting Plan is designed to serve as an implementation plan consistent with Mississippi law. It addresses the Albright v. Albright best-interest factors and complies with Uniform Chancery Court Rule 8.06. Mississippi Chancery Courts have exclusive original jurisdiction over all domestic relations matters, including custody, visitation, and parenting arrangements.

PART ONE: IDENTIFICATION AND BACKGROUND

1.1 Parent Information

PARENT A:

PARENT B:

1.2 Children Subject to This Plan

1.3 Other Household Members

Parent A's Household:

Parent B's Household:

1.4 Case Background

• This Parenting Plan is being filed in connection with: ☐ Divorce action ☐ Paternity/custody action under Miss. Code Ann. § 93-11-65 ☐ Modification of existing custody order ☐ Other: [________________________________]
• Date of Parents' separation: [__/__/____]
• Date of filing: [__/__/____]
• Prior custody orders: ☐ None ☐ Yes -- Date and Court: [________________________________]

PART TWO: CUSTODY DESIGNATION

2.1 Legal Custody

☐ Joint Legal Custody (Miss. Code Ann. § 93-5-24(2)) -- Both Parents share the right and responsibility to make major decisions regarding the child(ren)'s health, education, and welfare. Where parents agree to joint custody, a rebuttable presumption applies that joint custody is in the best interest of the child. § 93-5-24(5)(e).

☐ Sole Legal Custody to Parent A / Parent B (circle one) -- [________________________________] has exclusive decision-making authority. The other Parent ☐ shall be consulted ☐ may be consulted at the Custodial Parent's discretion.

2.2 Physical Custody

☐ Joint Physical Custody with Substantially Equal Time -- The child(ren) shall spend substantially equal time with each Parent. Under § 93-5-24(5)(e), the order must specify tax deduction/exemption allocation.

☐ Primary Physical Custody to Parent A / Parent B (circle one) with parenting time to the other Parent as specified below.

2.3 Designation of Primary Residence

For purposes of school enrollment and mailing address only:
The child(ren)'s primary residence is: ☐ Parent A's address ☐ Parent B's address

This designation does not diminish either Parent's custodial rights.

2.4 Tax Exemptions (Required for 50/50 Custody under § 93-5-24(5)(e))

☐ Not applicable (not 50/50 custody)
☐ Parent A claims child(ren) in even years; Parent B in odd years
☐ Parent A claims: [________________________________]; Parent B claims: [________________________________]
☐ Other: [________________________________]

PART THREE: PARENTING TIME SCHEDULE

3.1 Regular Schedule During School Year

Based on the [________________________________] School District calendar:

Select one schedule or describe a custom schedule:

☐ Alternating Weeks (7/7):
Exchange day: [________________________________] at [____]
Parent A: Week 1; Parent B: Week 2 (alternating)

☐ 2-2-3 Rotation:
Monday-Tuesday: Parent [____]
Wednesday-Thursday: Parent [____]
Friday-Sunday: Alternating (Parent A odd weeks, Parent B even weeks)

☐ 5-2-2-5:
Monday-Tuesday: Always Parent [____]
Wednesday-Thursday: Always Parent [____]
Friday-Sunday: Alternating

☐ Every Other Weekend Plus Midweek:
Primary Parent: [________________________________]
Other Parent: Alternating weekends Friday [____] to Sunday [____]
Midweek: Every [________________________________] from [____] to [____]
☐ Includes overnight ☐ No overnight

☐ Custom Schedule:
Parent A's time: [________________________________]
Parent B's time: [________________________________]

3.2 Summer Schedule

☐ Regular schedule continues throughout summer
☐ Modified summer schedule:

Parent A's summer time: [________________________________]
Parent B's summer time: [________________________________]

☐ Each Parent receives [____] weeks of uninterrupted vacation time with [____] days' advance written notice. Vacation weeks supersede the regular schedule.

3.3 Holiday Schedule

Holidays supersede the regular schedule. Holiday time begins at [____] and ends at [____] unless otherwise specified.

Fixed Annual Holidays:

• Mother's Day: Child(ren) with Mother every year, Saturday [____] to Sunday [____]
• Father's Day: Child(ren) with Father every year, Saturday [____] to Sunday [____]
• Child(ren)'s Birthday: ☐ Shared celebration ☐ Alternating years ☐ Non-possessing Parent gets [____] hours ☐ Other: [________________________________]
• Parent A's Birthday: Child(ren) with Parent A from [____] to [____]
• Parent B's Birthday: Child(ren) with Parent B from [____] to [____]

3.4 Special Provisions for Young Children (Under Age 3)

☐ Not applicable

☐ Applicable: The following modified schedule applies to [________________________________] (child's name), who is under age three, to support attachment and developmental needs:

[________________________________]
[________________________________]

The schedule shall transition to the regular schedule described above when the child turns three years old, or as follows: [________________________________]

3.5 Provisions for Children Age 12 and Older

Under Miss. Code Ann. § 93-11-65(1)(a), a child age 12 or older may express a preference regarding custody, which the Chancery Court considers along with all other factors. The Parents acknowledge:

☐ No child is currently age 12 or older.
☐ [________________________________] (child's name, age [____]) has expressed a preference that has been considered in developing this schedule.
☐ The Parents agree to revisit this Plan when a child reaches age 12 to consider the child's input.

PART FOUR: EXCHANGES AND TRANSITIONS

4.1 Exchange Location

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

4.2 Transportation

☐ The receiving Parent picks up the child(ren)
☐ The delivering Parent drops off the child(ren)
☐ Parents share equally, meeting at: [________________________________]
☐ Other: [________________________________]

4.3 Exchange Protocols

1. The child(ren) shall be ready at the scheduled exchange time with necessary belongings, medications, school materials, and weather-appropriate clothing.
2. If a Parent will be more than fifteen (15) minutes late, immediate notice shall be given.
3. Exchanges shall be conducted civilly. No arguments, confrontations, or disputes shall occur in the child(ren)'s presence.
4. The child(ren) shall have free passage of their personal belongings, security items, and school materials between homes.
5. Each Parent shall maintain basic clothing, toiletries, and supplies at their home to minimize the need for transferring items.

4.4 Cancellations and Make-Up Time

1. The Parent exercising parenting time may cancel with at least [____] hours' notice unless an emergency prevents notice.
2. If a Parent cancels, the other Parent is not obligated to provide make-up time, but may agree to do so.
3. If a Parent is wrongfully denied parenting time, that Parent is entitled to make-up time of equal duration at the earliest practical opportunity.

4.5 Right of First Refusal

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

Response time: [____] hours. If no response, the offering Parent may arrange alternative care.

PART FIVE: DECISION-MAKING AND PARENTAL RESPONSIBILITIES

5.1 Major Decisions (Joint Legal Custody)

If joint legal custody is designated, the following major decisions require mutual consultation and agreement:

5.2 Routine Decisions

The Parent with physical possession of the child(ren) may make routine day-to-day decisions regarding meals, bedtime, homework, age-appropriate discipline, clothing, personal hygiene, and similar matters.

5.3 Emergency Decisions

The Parent with physical possession may make emergency medical decisions when immediate action is necessary. That Parent shall notify the other Parent as soon as practicable and no later than twenty-four (24) hours after the emergency.

5.4 Education

1. School: [________________________________] School District
2. Both Parents shall support the child(ren)'s educational success during their parenting time, including homework supervision and school project completion.
3. Both Parents may attend parent-teacher conferences, school events, performances, and extracurricular activities regardless of the parenting schedule.
4. School communications shall be sent to both Parents. Both Parents shall be listed as contacts at the school.

5.5 Healthcare

1. Primary Physician: [________________________________]
2. Dentist: [________________________________]
3. Specialists (if any): [________________________________]
4. Health Insurance Provider: [________________________________] carried by Parent [____]
5. Both Parents shall be authorized to access the child(ren)'s medical records and communicate with healthcare providers.
6. The Parent who takes a child to a medical appointment shall inform the other Parent of the visit outcome within [____] hours.

5.6 Religious Upbringing

☐ The child(ren) shall be raised in the [________________________________] faith/tradition.
☐ Each Parent may include the child(ren) in religious activities during their parenting time.
☐ The Parents shall jointly decide religious matters.
☐ Other: [________________________________]

5.7 Extracurricular Activities

1. Activities shall be mutually agreed upon (if joint legal custody) or decided by the custodial parent (if sole legal custody).
2. Both Parents shall make reasonable efforts to transport the child(ren) to scheduled activities during their parenting time.
3. Neither Parent shall schedule activities during the other Parent's time without prior agreement.
4. Costs allocated: ☐ Equally ☐ Proportional to income ☐ As agreed per activity

PART SIX: COMMUNICATION

6.1 Between Parents

1. Primary Communication Method: ☐ Email ☐ Co-parenting app (OurFamilyWizard, TalkingParents, etc.) ☐ Text message ☐ Other: [________________________________]
2. Communications shall be respectful, concise, and child-focused.
3. Response to non-emergency messages within [____] hours.
4. Emergency communications by telephone.

6.2 Parent-Child Communication

1. Each Parent shall facilitate reasonable phone/video communication between the child(ren) and the other Parent.
2. Frequency: [________________________________]
3. Time: [________________________________]
4. Neither Parent shall monitor, record, or interfere with the child(ren)'s communications with the other Parent.

6.3 Non-Disparagement

Neither Parent shall:
- Make negative remarks about the other Parent in the child(ren)'s presence or hearing
- Question the child(ren) about the other Parent's activities, relationships, or finances
- Use the child(ren) as messengers between Parents
- Discuss court proceedings, child support, or legal matters with the child(ren)

6.4 Social Media

Neither Parent shall post photographs of or information about the child(ren) that reveals the child(ren)'s school, address, or schedule to the general public, or post negative content about the other Parent that is accessible to the child(ren).

PART SEVEN: RELOCATION

7.1 Notice Requirement

Under Mississippi case law, either Parent intending to relocate shall provide the other Parent with written notice at least sixty (60) days in advance. The notice shall include:
1. The proposed new address
2. The date of the proposed move
3. The reason for the relocation
4. A proposed revised parenting schedule
5. How the relocation serves the child(ren)'s best interests

7.2 Impact on Custody

Under Lambert v. Lambert, 872 So. 2d 679 (Miss. Ct. App. 2003), a parent's relocation alone may not constitute a material change in circumstances, but the impact of the relocation on the child and the practical effect on the custody arrangement is a valid consideration for the Chancellor. Even a short move can constitute a material change where it makes the custody agreement impractical.

7.3 Resolution

If Parents cannot agree on modifications to accommodate a relocation, either may petition the Chancery Court. Until the Court rules, the current schedule remains in effect and neither Parent shall relocate the child(ren) from their current school district without written consent or court order.

PART EIGHT: SAFETY AND WELFARE PROVISIONS

8.1 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 before parenting time begins.

8.2 Firearms Safety

All firearms in either Parent's home shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

8.3 Motor Vehicle Safety

1. All child(ren) shall be restrained in age-appropriate car seats or booster seats as required by Mississippi law (Miss. Code Ann. § 63-7-23).
2. Neither Parent shall operate a motor vehicle while transporting the child(ren) under the influence of alcohol or drugs.

8.4 Supervision of Children

1. The child(ren) shall not be left unsupervised for periods beyond what is age-appropriate.
2. All caregivers and babysitters used by either Parent shall be responsible adults.

8.5 Domestic Violence

☐ No history of domestic violence.
☐ History of domestic violence exists. Under Miss. Code Ann. § 93-5-24(5), a rebuttable presumption applies that it is detrimental to the child for a parent with a history of perpetrating family violence to have custody or unsupervised visitation.
Additional safety provisions: [________________________________]

8.6 New Partners and Overnight Guests

☐ No restrictions
☐ Neither Parent shall have a romantic partner spend the night while the child(ren) are present until: ☐ Engagement or marriage ☐ [____] months of relationship ☐ Introduction to the child(ren) has occurred ☐ Other: [________________________________]

8.7 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.

PART NINE: FINANCIAL PROVISIONS

9.1 Health Insurance

[________________________________] (Parent A / Parent B) shall maintain health, dental, and vision insurance for the child(ren).

9.2 Unreimbursed Medical/Dental/Vision Expenses

☐ Shared equally (50/50)
☐ Proportional to income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

Reimbursement: The Parent who incurs an unreimbursed expense shall submit documentation to the other Parent within [____] days. The owing Parent shall reimburse within [____] days.

9.3 Childcare Expenses

☐ Shared equally
☐ Proportional to income
☐ Sole responsibility of: [________________________________]

9.4 Education Expenses

☐ Public school (no tuition) -- Parents share school supply/fee costs: ☐ Equally ☐ Proportionally
☐ Private school tuition: [________________________________] -- Shared: Parent A [____]% / Parent B [____]%

9.5 Extracurricular Activity Costs

☐ Shared equally
☐ Proportional to income
☐ As agreed per activity
☐ The enrolling Parent pays

9.6 Child Support

Child support is determined separately under the Mississippi child support guidelines (Miss. Code Ann. § 43-19-101 et seq.).
☐ A separate child support order is in effect.
☐ Child support is addressed in the divorce decree.
☐ To be determined by the Court.

PART TEN: 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).

☐ Not requested.
☐ Appointed: [________________________________], MS Bar No. [________________________________]
☐ Fees allocated: ☐ Equally ☐ Parent A: [____]% / Parent B: [____]% ☐ As ordered by the Court

PART ELEVEN: PARENTING EDUCATION

☐ Both Parents have completed a court-approved parenting education course.
- Parent A: Completed [__/__/____] Provider: [________________________________]
- Parent B: Completed [__/__/____] Provider: [________________________________]
☐ Both Parents shall complete within [____] days.
☐ Not required.

PART TWELVE: DISPUTE RESOLUTION

12.1 Step 1: Direct Communication

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

12.2 Step 2: 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 emergencies).

Cost of mediation: ☐ Shared equally ☐ Proportional to income ☐ As determined by the mediator

12.3 Step 3: Chancery Court

If mediation is unsuccessful, either Parent may petition the Chancery Court of [________________________________] County, Mississippi, which has exclusive continuing jurisdiction over this matter.

12.4 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.

PART THIRTEEN: MODIFICATION AND REVIEW

13.1 Modification Standard

Under Riley v. Doerner, 677 So. 2d 740 (Miss. 1996), modification of custody requires a showing by a preponderance of the evidence that (1) a material change in circumstances has occurred since entry of the order, and (2) such change adversely affects the child(ren). The Court re-evaluates under the Albright factors.

13.2 Visitation Modification

Modification of visitation requires a less stringent standard: the Parent need only show the current arrangement is not working and the requested change would benefit the child(ren).

13.3 Annual Review

Parents agree to review this Parenting Plan annually (or more frequently if warranted) and discuss adjustments to accommodate the child(ren)'s changing developmental needs, school schedules, and activities.

13.4 Developmental Milestones

The Parents agree this Plan may need modification as children reach the following milestones:
- Beginning kindergarten
- Beginning middle school
- Reaching age 12 (when the child may express a custodial preference under § 93-11-65(1)(a))
- Beginning high school
- Obtaining a driver's license
- Other: [________________________________]

PART FOURTEEN: GENERAL PROVISIONS

1. Governing Law. This Parenting Plan is governed by Mississippi law, including Miss. Code Ann. §§ 93-5-23, 93-5-24, 93-11-65, and applicable Mississippi Supreme Court and Court of Appeals case law, including Albright v. Albright and its progeny.

2. Exclusive Jurisdiction. The Chancery Court of [________________________________] County, Mississippi, has exclusive continuing jurisdiction. Mississippi Chancery Courts have exclusive original jurisdiction over domestic relations matters.

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

4. Integration. This Parenting Plan, together with any Chancery Court orders, constitutes the entire understanding between the Parents regarding parenting arrangements.

5. Address Change Notification. Per Uniform Chancery Court Rule 8.06, each Parent shall notify the other of any change in address or telephone number within five (5) days.

6. Counterparts. This Plan may be executed in counterparts. Electronic signatures are treated as originals.

PART FIFTEEN: EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Parenting 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, state under oath that the foregoing Parenting 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]

ORDER APPROVING PARENTING PLAN

IN THE CHANCERY COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________], Petitioner

v. Cause No. [________________________________]

[________________________________], Respondent

THIS CAUSE came before the Court on the Parents' Parenting Plan submitted as an implementation plan pursuant to Miss. Code Ann. § 93-5-24(2). The Court, having reviewed the Plan and being fully advised, finds:

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

2. The Parenting Plan has been evaluated under the Albright v. Albright factors and serves the best interests of the minor child(ren).

3. The Plan was entered into voluntarily by both Parents.

4. The Plan is comprehensive and addresses the child(ren)'s needs for stability, care, and continuing contact with both Parents.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the foregoing Parenting Plan is hereby APPROVED and ADOPTED as an Order of this Court and incorporated into the ☐ Divorce Decree ☐ Custody Order ☐ Other: [________________________________].

☐ 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; joint custody provisions; court may require implementation plan; domestic violence rebuttable presumption
• Miss. Code Ann. § 93-5-24(2) -- Joint custody defined; court may require parenting plan
• Miss. Code Ann. § 93-5-24(3) -- Guardian Ad Litem appointment
• Miss. Code Ann. § 93-5-24(5)(e) -- Rebuttable presumption of joint custody when parents agree; tax exemption allocation
• Miss. Code Ann. § 93-5-23 -- Custody of children; alimony
• Miss. Code Ann. § 93-11-65(1)(a) -- Child age 12 or older may choose custodial parent (rebuttable)
• Miss. Code Ann. § 63-7-23 -- Child restraint requirements in motor vehicles
• Miss. Code Ann. § 43-19-101 et seq. -- Mississippi child support guidelines
• Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) -- Twelve best-interest factors replacing maternal preference
• 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 arrangements
• Uniform Chancery Court Rule 8.06 -- Address change notification within 5 days; natural disaster notification
• Mississippi Chancery Courts have exclusive original jurisdiction over domestic relations matters