Mississippi Sole Custody Agreement

SOLE CUSTODY AGREEMENT

IN THE CHANCERY COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________], Petitioner/Custodial Parent

v. Cause No. [________________________________]

[________________________________], Respondent/Non-Custodial Parent

NOTICE REGARDING MISSISSIPPI SOLE CUSTODY

Under Mississippi law, there is no presumption in favor of either parent based on gender. Miss. Code Ann. § 93-5-24(1)(a). Where parents agree to joint custody, a rebuttable presumption favors joint custody. § 93-5-24(5)(e). When sole custody is sought, the Chancery Court evaluates the Albright v. Albright factors to determine the child's best interests. This Agreement reflects the Parents' stipulation that sole custody to one Parent best serves the child(ren)'s interests under the circumstances described herein.

I. PARTIES AND CHILDREN

A. Custodial Parent

B. Non-Custodial Parent

C. Minor Child(ren)

D. Related Court Proceedings

• Divorce Case: ☐ Yes ☐ No -- Case No.: [________________________________]
• Paternity Action (Miss. Code Ann. § 93-9-1 et seq.): ☐ Yes ☐ No
• Domestic Violence Protective Order: ☐ Yes ☐ No -- Details: [________________________________]
• CPS (Mississippi Dept. of Child Protection Services) Investigation: ☐ Yes ☐ No

II. BASIS FOR SOLE CUSTODY UNDER ALBRIGHT FACTORS

The Parents stipulate that sole custody to the Custodial Parent serves the best interests of the child(ren) under the Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) factors, based on the following circumstances:

☐ Distance between Parents' residences makes joint physical custody impractical
☐ Non-Custodial Parent's work schedule (e.g., travel, shift work, deployment) limits availability
☐ History of domestic violence -- Under Miss. Code Ann. § 93-5-24(5), there is a rebuttable presumption that it is detrimental to the child for a parent who has perpetrated family violence to have custody
☐ Non-Custodial Parent's substance abuse issues -- ☐ Currently in treatment ☐ In recovery ☐ Other: [________________________________]
☐ Non-Custodial Parent's mental health concerns affecting parenting capacity
☐ History of parental conflict preventing effective joint decision-making
☐ Continuity of care -- Custodial Parent has been primary caregiver
☐ Child's preference (age 12 or older, per Miss. Code Ann. § 93-11-65(1)(a))
☐ Non-Custodial Parent's incarceration -- Expected release: [__/__/____]
☐ Mutual agreement of the Parents based on current circumstances
☐ Other: [________________________________]

Detailed Explanation:

[________________________________]
[________________________________]
[________________________________]

III. SOLE LEGAL CUSTODY

A. Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren), with exclusive authority to make all major decisions regarding:

1. Education -- School enrollment, choice of school (public, private, charter, homeschool), special education services (IEP/504 plans), tutoring, school transfers, and college planning
2. Medical Care -- Selection of physicians, dentists, and specialists; non-emergency medical procedures; surgical procedures; prescription medications; vaccinations; and related treatment
3. Mental Health -- Initiation and management of counseling, therapy, psychiatric treatment, and psychological evaluation
4. Religious Upbringing -- Religious education, participation in religious activities, and related ceremonies
5. Extracurricular Activities -- Enrollment in sports, clubs, camps, and organized activities
6. Travel -- Domestic and international travel decisions
7. Legal Matters -- Any legal proceedings involving the child(ren)

B. Consultation Rights of Non-Custodial Parent

☐ Option 1: Consultation encouraged but not required. The Custodial Parent may, but is not obligated to, consult with the Non-Custodial Parent before making major decisions.

☐ Option 2: Consultation required for specified decisions. The Custodial Parent shall notify and consult with the Non-Custodial Parent before making the following major decisions, though the Custodial Parent retains final authority:

• ☐ Non-emergency medical procedures
• ☐ School enrollment or school changes
• ☐ Initiation of mental health treatment
• ☐ Out-of-state or international travel
• ☐ Other: [________________________________]

The Custodial Parent shall provide notice at least [____] days in advance when practicable. If the Non-Custodial Parent does not respond within [____] days, the Custodial Parent may proceed.

IV. SOLE PHYSICAL CUSTODY

A. Primary Residence

The child(ren) shall reside primarily with the Custodial Parent at:

[________________________________]
[________________________________] County, Mississippi [____]

The Custodial Parent has authority over the child(ren)'s day-to-day care, routines, rules, discipline, and activities.

B. School Enrollment

The child(ren) shall attend: [________________________________] in the [________________________________] School District.

V. NON-CUSTODIAL PARENT VISITATION

A. Type of Visitation

☐ Standard Visitation (Section V.B)
☐ Expanded Visitation (Section V.C)
☐ Supervised Visitation (Section V.D)
☐ Restricted/Therapeutic Visitation (Section V.E)
☐ Custom Schedule (Section V.F)

B. Standard Visitation Schedule

1. Alternating Weekends: Every other weekend from Friday at [____] to Sunday at [____]

2. Midweek Visit: Every [________________________________] (day of week) from [____] to [____]
   ☐ Includes overnight ☐ Does not include overnight

3. Extended Summer: [____] weeks during summer vacation, non-consecutive unless agreed, with at least thirty (30) days' advance written notice to the Custodial Parent

4. Spring Break: Alternating years, beginning [________________________________]

C. Expanded Visitation Schedule

1. Alternating Weekends: Every other weekend from Friday after school to Monday morning school drop-off
2. Midweek Overnights: Every [________________________________] and [________________________________] from after school to the following morning school drop-off
3. Extended Summer: [____] weeks during summer vacation (may be consecutive), with sixty (60) days' advance written notice
4. Spring Break: Alternating years

D. Supervised Visitation (when safety concerns exist)

1. Frequency: [________________________________] (e.g., every Saturday, twice monthly)
2. Duration: [____] hours per visit

3. Location: ☐ Supervised visitation center: [________________________________]
   ☐ In the presence of approved supervisor: [________________________________]
   ☐ Other: [________________________________]

4. Supervision Fees: Paid by: ☐ Non-Custodial Parent ☐ Shared ☐ Other: [________________________________]

5. Conditions for Modification:
   ☐ Completion of substance abuse treatment program
   ☐ Completion of court-approved parenting classes
   ☐ Completion of anger management program
   ☐ Clean drug/alcohol screening for [____] consecutive months
   ☐ Favorable report from therapist or counselor
   ☐ Guardian Ad Litem recommendation
   ☐ Other: [________________________________]

6. Review Schedule: Supervision requirements shall be reviewed by the Chancery Court every [____] months, or upon petition by either Parent.

E. Restricted/Therapeutic Visitation

1. Frequency: [________________________________]
2. Duration: [________________________________]
3. Setting: Must occur in a therapeutic setting with a licensed mental health professional present
4. Therapist: [________________________________]
5. Purpose: To rebuild the parent-child relationship under professional guidance
6. Progression: The therapist shall make written recommendations to the Chancery Court regarding expansion of visitation.

F. Custom Visitation Schedule

[________________________________]
[________________________________]
[________________________________]

VI. HOLIDAY AND SPECIAL OCCASION SCHEDULE

Holidays supersede the regular visitation schedule.

A. Alternating Holidays

B. Fixed Holidays

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

VII. EXCHANGES AND TRANSPORTATION

A. Exchange Location

☐ School (during school days)
☐ Custodial Parent's residence
☐ Neutral public location: [________________________________]
☐ Police station or fire station (when safety concerns exist): [________________________________]
☐ Other: [________________________________]

B. Transportation Responsibility

☐ Non-Custodial Parent is responsible for pick-up and drop-off
☐ Custodial Parent provides transportation for pick-up; Non-Custodial Parent provides for drop-off
☐ Parents share equally, meeting at: [________________________________]
☐ Other: [________________________________]

C. Exchange Conduct

1. Parents shall be punctual. If either Parent will be more than fifteen (15) minutes late, that Parent shall notify the other immediately.
2. If the Non-Custodial Parent fails to appear for scheduled visitation within thirty (30) minutes and without notice, the Custodial Parent's obligation to wait is terminated for that visit.
3. The child(ren) shall be returned to the Custodial Parent at the scheduled time. Repeated late returns constitute a material breach.
4. Exchanges shall be conducted civilly. No arguments, confrontations, or negative remarks shall occur in the child(ren)'s presence.

VIII. COMMUNICATION

A. Parent-Child Communication During Custodial Parent's Time

The Custodial Parent shall facilitate reasonable telephone and/or video communication between the child(ren) and the Non-Custodial Parent:

• Frequency: [________________________________] (e.g., daily, every other day)
• Time: [________________________________] (e.g., 7:00 PM for up to 15 minutes)
• Method: ☐ Phone call ☐ Video call ☐ Either

B. Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of any emergency, serious illness, injury, hospitalization, or law enforcement involvement concerning the child(ren).

C. Between Parents

Parents shall communicate regarding the child(ren)'s welfare through: ☐ Email ☐ Co-parenting application ☐ Text message ☐ Other: [________________________________]

D. Address Changes

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

IX. NON-CUSTODIAL PARENT'S ACCESS TO RECORDS

Pursuant to Miss. Code Ann. § 93-5-24(1)(d), the Non-Custodial Parent shall have the right to access, directly from the source:

1. School records, report cards, progress reports, and the right to attend parent-teacher conferences
2. Medical, dental, vision, and mental health records
3. Notification of school events and extracurricular activities
4. The right to speak directly with teachers, doctors, coaches, and counselors

The Custodial Parent shall provide copies of report cards and significant medical information within [____] days of receipt. The Custodial Parent shall list the Non-Custodial Parent as an emergency contact at the child(ren)'s school and with healthcare providers (unless the Court orders otherwise due to safety concerns).

X. RELOCATION

A. Custodial Parent Relocation Within Mississippi

The Custodial Parent may relocate within the State of Mississippi, provided:

1. Thirty (30) days' written notice is given to the Non-Custodial Parent
2. The notice includes the new address, reason for the move, proposed effective date, and proposed modification to the visitation schedule

B. Relocation Outside Mississippi or Beyond [____] Miles

Relocation outside the State of Mississippi or beyond [____] miles from the current residence requires either:

1. Written consent of the Non-Custodial Parent; or
2. Approval of the Chancery Court after consideration of the Albright factors and the impact on the child(ren)'s relationship with the Non-Custodial Parent

The relocating Parent shall provide at least sixty (60) days' advance written notice. Under Lambert v. Lambert, 872 So. 2d 679 (Miss. Ct. App. 2003), the impact of relocation on the child constitutes a factor the Chancellor may consider on a motion for modification.

C. Non-Custodial Parent's Relocation

The Non-Custodial Parent shall notify the Custodial Parent of any change of residence within five (5) days pursuant to Uniform Chancery Court Rule 8.06.

XI. COVENANTS AND RESTRICTIONS

A. Non-Disparagement

Neither Parent shall make negative, derogatory, 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. Neither Parent shall allow others to do so.

B. Substance Use

The Non-Custodial Parent shall not consume alcohol to the point of impairment or use any illegal substance during visitation or within twelve (12) hours before visitation commences. ☐ The Non-Custodial Parent shall submit to random drug/alcohol testing as requested, at the Non-Custodial Parent's expense.

C. 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).

D. Return of Children

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent at the designated time and location. Failure to return the child(ren) without court order or written agreement constitutes a serious breach and may result in contempt proceedings.

E. No Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's sole legal custody decision-making authority or the child(ren)'s primary residence.

F. No Parental Alienation

Neither Parent shall engage in conduct intended to alienate the child(ren) from the other Parent or undermine the parent-child relationship.

G. Criminal Activity

Neither Parent shall expose the child(ren) to criminal activity or individuals who pose a safety risk to the child(ren).

XII. DOMESTIC VIOLENCE PROVISIONS

A. Applicability

☐ This section does not apply -- no history of domestic violence.
☐ This section applies.

B. Mississippi Law

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

C. Protective Provisions (if applicable)

☐ Active protective order: Case No. [________________________________], issued by [________________________________] Court on [__/__/____]
☐ Supervised visitation required (see Section V.D)
☐ No direct contact between Parents -- exchanges through a third party: [________________________________]
☐ Non-Custodial Parent must complete: ☐ Batterer's intervention program ☐ Anger management ☐ Substance abuse treatment ☐ Individual counseling
☐ Other safety provisions: [________________________________]

XIII. GUARDIAN AD LITEM

Pursuant to Miss. Code Ann. § 93-5-24(3):

☐ A Guardian Ad Litem has been appointed: [________________________________], MS Bar No. [________________________________]
☐ A Guardian Ad Litem is not appointed at this time.
☐ Guardian Ad Litem fees: ☐ Non-Custodial Parent ☐ Custodial Parent ☐ Shared equally ☐ As determined by the Court

XIV. PARENTING EDUCATION

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

• Custodial Parent: Date [__/__/____] Provider: [________________________________]
• Non-Custodial Parent: Date [__/__/____] Provider: [________________________________]
  ☐ Parents shall complete parenting education within [____] days.
  ☐ Not required for this proceeding.

XV. FINANCIAL PROVISIONS

A. Health Insurance

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

B. Unreimbursed Medical Expenses

Shall be allocated: ☐ Custodial Parent: [____]% / Non-Custodial Parent: [____]% ☐ Equally ☐ Entirely to one Parent: [________________________________]

C. Childcare and Extracurricular Expenses

☐ Custodial Parent's sole responsibility
☐ Shared: Custodial Parent [____]% / Non-Custodial Parent [____]%
☐ As agreed per activity/expense

D. Child Support

Child support is governed by separate order / 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.

XVI. DISPUTE RESOLUTION

A. Mediation

Before filing any motion with the Chancery Court (except emergencies), the Parents shall participate in mediation with a Mississippi-qualified family law mediator. Costs shared: ☐ Equally ☐ As ordered by the Court.

B. Chancery Court Jurisdiction

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

C. Emergency Relief

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

XVII. MODIFICATION

Either Parent may petition the Chancery Court for modification of this Agreement upon a showing by a preponderance of the evidence that: (1) a material change in circumstances has occurred since entry of this order; and (2) such change adversely affects the child(ren). Riley v. Doerner, 677 So. 2d 740 (Miss. 1996). The Chancery Court will re-evaluate custody under the Albright factors.

XVIII. GENERAL PROVISIONS

1. Governing Law. This Agreement is governed by Mississippi law, including Miss. Code Ann. §§ 93-5-23, 93-5-24, 93-11-65, and applicable case law.

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

3. Integration. This Agreement constitutes the entire understanding between the Parents regarding sole custody.

4. Counterparts. This Agreement may be executed in counterparts. Electronic signatures are treated as originals.

5. Filing. This Agreement shall be filed with the Chancery Court of [________________________________] County, Mississippi.

XIX. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Sole Custody Agreement.

CUSTODIAL PARENT:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NON-CUSTODIAL PARENT:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

VERIFICATION

STATE OF MISSISSIPPI
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, personally appeared [________________________________] (Custodial Parent) and [________________________________] (Non-Custodial Parent), who being duly sworn, state under oath that the foregoing Sole Custody Agreement is true and correct and was entered into voluntarily.

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 GRANTING SOLE CUSTODY

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

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

2. The best interests of the minor child(ren) have been evaluated under the Albright v. Albright factors.

3. Sole legal and physical custody to [________________________________] (Custodial Parent) serves the best interests of the minor child(ren).

4. The Non-Custodial Parent shall have visitation as set forth in the Agreement.

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

☐ Pursuant to Miss. Code Ann. § 93-5-24(5), the Court finds a history of family violence and applies the rebuttable presumption against unsupervised custody to [________________________________].

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

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; best interest factors; no gender presumption; domestic violence rebuttable presumption
• Miss. Code Ann. § 93-5-24(1)(a) -- No presumption in favor of maternal 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) -- Guardian Ad Litem appointment authority
• Miss. Code Ann. § 93-5-24(5) -- Rebuttable presumption against custody for perpetrators of family violence
• Miss. Code Ann. § 93-5-23 -- Custody of children; alimony
• Miss. Code Ann. § 93-11-65(1)(a) -- Child age 12 or older may express preference regarding custody
• Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) -- Best interest factors for custody determination
• 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 on custody
• Miss. Code Ann. § 43-19-101 et seq. -- Mississippi child support guidelines
• Uniform Chancery Court Rule 8.06 -- Address change notification; natural disaster provisions
• Mississippi Chancery Courts have exclusive original jurisdiction over domestic relations matters