What is the difference between a parenting plan and a custody order in Mississippi?

In Mississippi a parenting plan is the written arrangement the parents propose, while a custody order is what the chancery court issues. Mississippi does not require a separate written parenting plan by statute; custody is awarded by a court order or by the parents' agreement under Section 93-5-24. When the parents agree, they submit their plan and the court, if it finds the arrangement is in the child's best interest, adopts it as a binding custody order.

What is joint legal custody in Mississippi?

In Mississippi, joint legal custody means that the parents share the decision-making rights, the responsibilities, and the authority relating to the health, education, and welfare of a child (Mississippi Code Section 93-5-24(5)(e)). Joint physical custody is different: it means each parent has significant periods of physical custody so the child has frequent and continuing contact with both parents (Section 93-5-24(5)(c)).

What standard do Mississippi courts use to decide custody?

Mississippi courts award custody according to the best interest of the child (Mississippi Code Section 93-5-24(1)). To apply that standard, Mississippi chancery courts weigh the Albright factors, a set of considerations established by the Mississippi Supreme Court in Albright v. Albright. These factors look at the child's needs and each parent's ability to meet them rather than favoring either parent by default.

Is a written parenting plan required in Mississippi?

Mississippi does not require a separate, standalone written parenting plan by statute. Instead, custody is set by a chancery court order or by the parents' own agreement under Section 93-5-24. Writing out a clear Mississippi parenting plan is still valuable because it shows the court the schedule and decision-making arrangement the parents are asking it to adopt as a custody order.

What should a Mississippi parenting plan include?

A Mississippi parenting plan should state whether legal and physical custody are joint or sole, describe how the parents will make major decisions about the children's health, education, and welfare, and set out the parenting schedule: the weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. These details help a Mississippi chancery court see the arrangement it is being asked to approve.

Which court decides custody in Mississippi?

In Mississippi, custody and divorce matters are decided in chancery court. The parenting plan or custody agreement is filed within the divorce or custody case, and it takes effect only when the chancery court approves it under the best interest of the child standard (Mississippi Code Section 93-5-24(1)). Custody is set inside that court file rather than through a separate standalone filing.

Mississippi Parenting Plan

Q: What is a parenting plan in Mississippi?

In Mississippi, a parenting plan, also called a child custody agreement, is a written document in which parents set out physical custody, legal custody, and the parenting schedule for their children. It can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to change an existing order. The parents ask a Mississippi chancery court to approve the plan under the best interest of the child standard (Mississippi Code Section 93-5-24(1)).

Q: What are the custody options in Mississippi?

Under Mississippi Code Section 93-5-24(1), custody is awarded according to the best interest of the child among four options: physical and legal custody to both parents jointly, joint physical custody with legal custody to one parent, joint legal custody with physical custody to one parent, or physical and legal custody to either parent. 'Joint custody' in Mississippi means joint physical and legal custody (Section 93-5-24(5)(a)).

A Mississippi parenting plan sets out physical custody, legal custody, and the parenting schedule two parents ask the chancery court to approve under the best interest of the child standard. Attorney review available.

Find out where you stand in Mississippi

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Introduction

A parenting plan, also called a child custody agreement, is a written document in which two parents set out physical custody, legal custody, and the parenting schedule they ask a Mississippi court to approve, and it is used by parents who are divorcing, by parents who were never married, and by parents changing an existing order. In Mississippi, custody is awarded according to the best interest of the child among four options: joint physical and legal custody, joint physical custody with legal custody to one parent, joint legal custody with physical custody to one parent, or physical and legal custody to either parent (Mississippi Code Section 93-5-24(1)). Joint legal custody means the parents share the decision-making rights, responsibilities, and authority relating to the health, education, and welfare of a child, and joint physical custody means each parent has significant periods of custody to assure the child of frequent and continuing contact with both parents (Section 93-5-24(5)). Mississippi courts apply the best interest standard through the Albright factors, a framework set by the Mississippi Supreme Court. Mississippi does not require a separate, standalone written parenting plan by statute; custody is set by a chancery court order or by the parents' agreement. A clear written plan is still valuable because it shows the court the arrangement the parents are asking it to adopt. Because the underlying statute text here is confirmed through secondary republications pending primary re-confirmation, DocDraft builds your Mississippi parenting plan from your family's schedule with attorney review available before you file it.

Key Things to Know

1
A parenting plan, also called a child custody agreement, is a written document that records physical custody, legal custody, and the parenting schedule for a child, whether the parents are divorcing, were never married, or are modifying an existing order.
2
In Mississippi, custody is awarded according to the best interest of the child among joint physical and legal custody, joint physical with legal to one parent, joint legal with physical to one parent, or physical and legal custody to either parent (Mississippi Code Section 93-5-24(1)).
3
In Mississippi, joint legal custody means the parents share the decision-making rights, responsibilities, and authority relating to the health, education, and welfare of a child (Section 93-5-24(5)(e)).
4
In Mississippi, joint physical custody means each parent has significant periods of physical custody to assure the child of frequent and continuing contact with both parents (Section 93-5-24(5)(c)).
5
Mississippi courts apply the best interest of the child standard through the Albright factors, a framework set by the Mississippi Supreme Court rather than by statute.
6
Mississippi does not require a separate, standalone written parenting plan by statute; custody is set by a chancery court order or by the parents' agreement.
7
Mississippi custody and divorce matters are handled in chancery court, and a written plan takes effect only when the court approves it under the best interest of the child standard.

Key decisions before you file

Before you file a Parenting Plan in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

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MISSISSIPPI PARENTING PLAN

This parenting plan, also called a child custody agreement, is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing order. It sets out physical custody, legal custody, and the parenting schedule the parents ask a Mississippi chancery court to approve under the best interest of the child standard (Mississippi Code Section 93-5-24(1)).

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Legal custody (decision-making). The parents will share [joint / sole to PARENT] legal custody. Under joint legal custody in Mississippi the parents share the decision-making rights, responsibilities, and authority relating to the children's health, education, and welfare. Major decisions will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine day-to-day decisions while the children are in that parent's care and may authorize emergency medical treatment when needed.
Physical custody and parenting time. The parents will share [joint / sole to PARENT] physical custody. Under joint physical custody each parent has significant periods of custody so the children have frequent and continuing contact with both parents. The children will live with [PARENT] and spend parenting time with the other parent as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer parenting time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice at least [NUMBER] days before the planned move, so the parents can discuss the change or, if needed, ask the court to review the schedule.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, through mediation before returning to court.

This parenting plan is subject to chancery court approval and is guided by the best interest of the child (Mississippi Code Section 93-5-24). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Mississippi Requirements for Parenting Plan

Custody Options and Best Interest
In Mississippi, custody is awarded according to the best interest of the child among four options: joint physical and legal custody, joint physical custody with legal custody to one parent, joint legal custody with physical custody to one parent, or physical and legal custody to either parent (Mississippi Code Section 93-5-24(1)). Statute text here is confirmed through republication pending primary re-confirmation; attorney review is available.
Joint Legal Custody
In Mississippi, joint legal custody means the parents share the decision-making rights, the responsibilities, and the authority relating to the health, education, and welfare of a child (Mississippi Code Section 93-5-24(5)(e)). Your plan should state whether legal custody is joint or sole and how major decisions will be made.
Joint Physical Custody
In Mississippi, joint physical custody means each parent has significant periods of physical custody so the child has frequent and continuing contact with both parents (Mississippi Code Section 93-5-24(5)(c)). Physical custody describes where the child lives and the time the child spends with each parent.
Best Interest and the Albright Factors
A Mississippi court awards custody according to the best interest of the child (Section 93-5-24(1)). Chancery courts apply that standard through the Albright factors, a framework established by the Mississippi Supreme Court in Albright v. Albright, weighing the child's needs and each parent's ability to meet them rather than favoring either parent by default.
Custody Set by Order or Agreement
Mississippi does not require a separate, standalone written parenting plan by statute. Custody is set by a chancery court order or by the parents' own agreement under Section 93-5-24. A clear written plan still shows the court the arrangement the parents are asking it to adopt as a custody order.
Decision-Making in Your Plan
Your Mississippi parenting plan should state whether legal custody is joint or sole and how the parents will make major decisions about the children's health, education, and welfare. Under joint legal custody both parents share these decision-making rights and authority (Section 93-5-24(5)(e)).
Parenting Schedule in Your Plan
Your plan should describe the parenting schedule in detail: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. A clear schedule supports joint physical custody, which under Mississippi law means each parent has significant periods of contact with the child (Section 93-5-24(5)(c)).
Chancery Court Approval
Mississippi custody and divorce matters are decided in chancery court. The parenting plan or custody agreement is filed within the divorce or custody case and takes effect only when the chancery court approves it under the best interest of the child standard (Section 93-5-24(1)).

Find out where you stand in Mississippi

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Mississippi Requirements for Parenting Plan

Custody Options and Best Interest

Joint Legal Custody

Joint Physical Custody

Best Interest and the Albright Factors

Custody Set by Order or Agreement

Decision-Making in Your Plan

Parenting Schedule in Your Plan

Chancery Court Approval

Frequently Asked Questions