Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF MISSISSIPPI
PATERNITY PACKAGE
Control Number – PACKET MS-598P
This package contains the following:
Forms
Instructions
Access to Law Summary
Instructions for MS-598P
Mississippi Paternity Package
I. EXPLANATION OF PETITION IN PATERNITY
In Mississippi, an action to determine paternity begins with the filing of a Petition in
either the County Court, the Circuit Court or the Chancery Court, as determined by local custom.
The Petition must contain certain information. The forms in this packet include the necessary
information for an action to determine parentage in the State of Mississippi.
II. WHAT FORMS ARE INCLUDED
A. Complaint to Establish Paternity
B. Waiver of Process and Entry of General Appearance.
C. Agreement for Genetic Testing
D. Order for Genetic Testing
E. Motion for Genetic Testing
F. Affidavit in Support of Motion for Genetic Testing
G. Order for Genetic Testing
H. Compromise Agreement
I. Motion to Approve Compromise Agreement
J. Order Approving Compromise Agreement
K. Order Establishing Paternity
THESE FORMS WERE PREPARED FOR STATEWIDE USE. HOWEVER, SOME
COUNTIES OR JUDGES MAY REQUIRE CERTAIN MODIFICATIONS TO THE
FORMS FOR USE IN YOUR PARTICULAR COUNTY AND MAY REQUIRE SPECIAL
FORMS NOT INCLUDED. THE FACT THAT CHANGES ARE REQUIRED BY
PARTICULAR JUDGES IS NOT UNCOMMON EVEN IF THE FORMS HAD BEEN
PREPARED BY YOUR ATTORNEY. REGARDLESS, YOU SHOULD BE ABLE TO
USE THESE FORMS AND INSTRUCTIONS, WITH ANY REQUIRED
MODIFICATIONS, TO MAKE IT THROUGH THE PROCESS.
III. PROCEDURE FOR THE DETERMINATION OF PARENTAGE FOR THE STATE
OF MISSISSIPPI
A. Preliminary Note:
1. The attached forms may be completed by:
a. Printing the forms and completing by hand. Use black ink and
print neatly.
b. Printing the forms and completing using a typewriter.
c. By completing the forms on your computer using a word
processing program and then printing the forms.
2. Use complete names and not initials. Check your spelling carefully, a
misspelled word can delay your name change.
3. Print three (3) complete sets of forms.
4. All forms with a heading – the name of the court, the Plaintiff’s name, the
case number, and the name of the document – require that the heading be
completed. You will need to add the name of the court and the full name
of the Plaintiff. The “Action/Cause/Case No.” will be assigned by the
court clerk at the time of filing.
5. Forms that require your signature and include a notary block MUST be
signed in the presence of the notary or court clerk who will complete the
acknowledgement. Use your complete name – first name, middle name,
last name.
6. When a form is filed with the court, request the clerk “file-stamp” one
copy of the form for your file.
7. A Law Summary has been included at the end of this form packet.
Review the Law Summary before beginning the process of completing the
forms.
B. Procedure
Step 1: Complete all the forms using complete names – middle names
instead of middle initials.
Step 2: File the Complaint in the appropriate court in the county in which
you reside. This will generally be the Chancery Court. The
question can be answered by contacting the Office of the Chancery
Court.
Step 3: The included Waiver of Process and General Entry of Appearance
form will serve to give legal notice of the action and enters
Defendant’s appearance before the court. If the Defendant refuses
to execute the Acceptance form, it will be necessary to have the
Defendant formally served with the Complaint and other forms.
The Clerk will issue the Summons and you can arrange for servie
through the Sheriff’s Office or a private process server.
Step 4: At this point it is necessary to make a determination whether the
Defendant will agree to an admission of paternity. If not, it will be
necessary to have court ordered blood tests in order to
scientifically determine parentage of the minor child(ren).
Step 5: If the Defendant will admit paternity, complete the Compromise
Agreement. The Agreement can then be submitted to the Court.
The parties should be prepared to present to the Court financial
information regarding their income, debts and assets so that the
court will have the information necessary to determine whether the
Agreement is reasonable.
Step 7: If a compromise can’t be reached it will be necessary to obtain an
Order for Genetic Testing. The court may, and upon request of a
party, will, require the child and the alleged parent to submit to
genetic tests, including blood tests. If the requesting party is the
mother or the alleged father, the court may require that the request
be made pursuant to a sworn statement either setting forth facts
establishing a reasonable possibility of the requisite sexual contact
between the parties or denying paternity setting forth facts
establishing a reasonable possibility of the non-existence of sexual
contact between the parties.
If the Defendant will agree to the testing, prepare the Agreement
for Genetic Testing and the Order for Genetic Testing by
Agreement. If the Defendant will not agree to the testing, prepare
the Motion for Genetic Testing, Order for Genetic Testing, and
Affidavit in Support of Motion for Genetic Testing for filing with
the Court at the Hearing.
The results of the genetic testing will be furnished directly to the
Court. At that time, the parties will be informed by the Court of
the results. This will generally deal with all the outstanding issues
as to paternity and the matter will be settled by the Court either
dismissing the case or, if the testing confirms paternity in the
Defendant, entering an Order Establishing Paternity and providing
for support to the child(ren).
The parties will usually have an opportunity to work out a
compromise. We have included a Compromise Agreement that
will furnish you the basis for an agreement between the parties.
NOTE ABOUT COMPLETING THE FORMS
The forms in this packet contain “form fields” created using Microsoft Word. “Form fields”
facilitate completion of the forms using your computer. They do not limit you ability to print the
form “in blank” and complete with a typewriter or by hand.
If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then
select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that
resembles a shaded letter “a”. Click in this button and the form fields will be visible.
The forms are locked which means that the content of the forms cannot be changed. You can
only fill in the information in the fields.
If you need to make any changes in the body of the form, it is necessary for you “unlock” or
“unprotect” the form. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO
SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE
DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN
YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock
click on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be
prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters
without the quotation marks . After you make the changes relock the document before you
begin to complete the fields.
After any required changes and re-protecting the document, click on the first form field
and enter the required information. You will be able to navigate through the document
from form field to form field using your tab key. Tab to a form field and insert your data.
If problems, please let us know.
DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and
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forms in this package are provided without any warranty, express or implied, as to
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IN THE CHANCERY COURT OF ___________ COUNTY
STATE OF MISSISSIPPI
)
__________________________________ )
NAME OF PLAINTIFF )
)
)
V. ) NO. _______________________
)
__________________________________ )
NAME OF DEFENDANT )
)
)
COMPLAINT TO DETERMINE PARENTAGE
Now comes the Plaintiff, ______________________________ , pursuant to Title 93, Ch. 9, of
the Mississippi Code and states as follows:
1. On information and belief, the minor child, ______________________________ , was
born on ________________ , ______ , and resides at ______________________________ ,
________________ , County, Mississippi.
2. The mother of the minor child is ___________________________ , who resides at
_________________________ , in ___________ County, Mississippi.
3. Plaintiff, ______________________ , believes
he is the natural father of the child, and resides at
______________________________ , in ________________ County, Mississippi, or
believes that ______________________________ , the Defendant is the natural father
of the child, and he resides at ______________________________ , in
__________________ County, Mississippi.
4. The mother has/has not been married to another man since the child was conceived.
5. It is the best interest of the child that Plaintiff/Defendant be awarded sole care, custody,
control, and education of the child.
6. The father is or is not a fit and proper person to be awarded visitation.
WHEREFOR E, Petitioner requests that this Honorable Court:
A. Enter an order declaring Plaintiff to be the natural father of the minor child.
B. Grant Plaintiff Defendant custody of the minor child.
C. Grant Plaintiff Defendant liberal and specific visitation days.
D. Change the minor child's last name to __________________ .
E. Grant any other relief which is just.
____________________________________________
Plaintiff
AFFIDAVIT
STATE OF MISSISSIPPI
COUNTY OF __________________
PERSONALLY appeared before me, the undersigned authority in and for the county and
state aforesaid, the with named ______________________________ , who, being by me first
duly sworn, states on her oath that the matters and facts set forth in the above and foregoing
Complaint to Determine Parentage are true and correct as therein stated and that
______________________________ signed and delivered same on the day and year therein
mentioned.
Signature
Type or Print Name
GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the ______ day of
__________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
IN THE CHANCERY COURT OF ___________ COUNTY
STATE OF MISSISSIPPI
)
__________________________________ )
NAME OF PLAINTIFF )
)
)
V. ) NO. _______________________
)
__________________________________ )
NAME OF DEFENDANT )
)
)
WAIVER OF PROCESS
AND GENERAL ENTRY OF APPEARANCE
COMES NOW ______________________________ , being fully competent, not an
unmarried minor, lunatic or convict of felony, and hereby waives the issuance, service and return
of process upon ______________________________ , to the Complaint of
______________________________ in the above styled and numbered cause, to determine the
paternity of said minor child(ren) and for other relief as therein prayed consenting to a hearing of
the said Complaint, a true and correct copy of same being attached hereto as Exhibit " ______ ",
on any date convenient to the court, the same as though he/she had been duly and legally served
with all summonses and services of process; and, the undersigned
______________________________ , hereby joins in the said Complaint of
______________________________ and for the other relief as therein prayed.
_____________________________________
Defendant
Address: ________________________
________________________
Telephone: ( ______ ) __________________
IN THE CHANCERY COURT OF ___________ COUNTY
STATE OF MISSISSIPPI
)
__________________________________ )
NAME OF PLAINTIFF )
)
)
V. ) NO. _______________________
)
__________________________________ )
NAME OF DEFENDANT )
)
)
AGREEMENT FOR GENETIC TESTING
Plaintiff and Defendant agree to the following:
1. The Plaintiff Defendant requests genetic testing and denies that he is the father of
the minor child(ren):
Name of Child(ren) Date of Birth
____________________________________ ______________________________
____________________________________ ______________________________
____________________________________ ______________________________
____________________________________ ______________________________
2. It is agreed that the Child, Plaintiff, and Defendant will submit to genetic testing.
3. Costs of genetic testing shall initially be paid by: Plaintiff Defendant
4. If the ________________________ fails to appear for the testing, the Court may find him
to be the father.
5. The matter will be set for hearing once the test results are received.
6. The parties agree to notify the Court, in writing, of any change of address or employment
within ten days of the change.
I have read this agreement, understand the terms and agree to be bound by those terms.
___________________________________ ____________________________________
Plaintiff Defendant
STATE OF MISSISSIPPI
COUNTY OF __________________
PERSONALLY appeared before me, the undersigned authority in and for the county and
state aforesaid, the with named ______________________________ , who, being by me first
duly sworn, states on her oath that the matters and facts set forth in the above and foregoing
Agreement for Genetic Testing are true and correct as therein stated and that
______________________________ signed and delivered same on the day and year therein
mentioned.
Signature
Type or Print Name
GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the ______ day of
__________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
STATE OF MISSISSIPPI
COUNTY OF __________________
PERSONALLY appeared before me, the undersigned authority in and for the county and
state aforesaid, the with named ______________________________ , who, being by me first
duly sworn, states on her oath that the matters and facts set forth in the above and foregoing
Agreement for Genetic Testing are true and correct as therein stated and that
______________________________ signed and delivered same on the day and year therein
mentioned.
Signature
Type or Print Name
GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the ______ day of
__________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
IN THE CHANCERY COURT OF ___________ COUNTY
STATE OF MISSISSIPPI
)
__________________________________ )
NAME OF PLAINTIFF )
)
)
V. ) NO. _______________________
)
__________________________________ )
NAME OF DEFENDANT )
)
)
ORDER FOR GENETIC TESTING BY AGREEMENT
THE COURT, having read the foregoing agreement between the parties regarding genetic
testing,
FINDS THAT, the same is fair and not unconscionable, and therefore makes the same an order
of the Court.
The parties shall appear for genetic testing as stated in the agreement.
Costs of testing shall be paid by Plaintiff Defendant
Date: __________________
BY THE COURT:
____________________________________
IN THE CHANCERY COURT OF ___________ COUNTY
STATE OF MISSISSIPPI
)
__________________________________ )
NAME OF PLAINTIFF )
)
)
V. ) NO. _______________________
)
__________________________________ )
NAME OF DEFENDANT )
)
)
MOTION FOR GENETIC TESTING
I, ______________________________ , ask that the Court Order all parties to submit to genetic
testing, and state as follows:
1. The Plaintiff Defendant, denies that he is the father of the minor child(ren) of this
action.
2. The Court has authority to order genetic testing.
3. I have contacted ________________________________________________ (name of
lab), and have obtained an appointment for __________________ (date) at
____________ so that all parties may appear for purpose of obtaining genetic specimens.
4. I have been advised that the cost of this testing will be $ ____________ (total amount for
genetic testing).
5. I request that the Court order that the tests be paid as follows:
____________ % Plaintiff ____________ % Defendant
6. I also ask that the Court order all parties to cooperate with the testing, and to notify the
Plaintiff Defendant that if he fails to do so, the Court may enter orders against him
including finding him to be the father of:
Names of Children:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Date: __________________
____________________________________
Plaintiff Defendant
Address: ________________________
________________________
________________________
Telephone: ________________________
CERTIFICATE OF SERVICE
I certify that on __________________ (date) the original and one copy of this document
were filed with the Court; and, a true and accurate copy of the MOTION FOR GENETIC
TESTING was served on the other party by
Hand Delivery OR by placing it in the United States mail, postage pre-paid, and
addressed to the following:
TO: ______________________________
______________________________
______________________________
____________________________________
(Your Signature)
IN THE CHANCERY COURT OF ___________ COUNTY
STATE OF MISSISSIPPI
)
__________________________________ )
NAME OF PLAINTIFF )
)
)
V. ) NO. _______________________
)
__________________________________ )
NAME OF DEFENDANT )
)
)
AFFIDAVIT IN SUPPORT OF GENETIC TESTING
STATE OF __________________
COUNTY OF __________________
____________________________________ , being duly sworn, deposes and says:
1. I am the Plaintiff in the within action and submit this affidavit in support of my Motion
for Genetic Testing.
2. That the following facts establish a reasonable possibility of the requisite sexual contact
between the parties:
________________________________________________________________________
WHEREFORE, I respectfully request that the Court enter an Order requiring the Defendant
submit to genetic testing.
Signature
Type or Print Name
Sworn to before me this ______ day of ________________________ , 20 ______
____________________________________
Notary Public
IN THE CHANCERY COURT OF ___________ COUNTY
STATE OF MISSISSIPPI
)
__________________________________ )
NAME OF PLAINTIFF )
)
)
V. ) NO. _______________________
)
__________________________________ )
NAME OF DEFENDANT )
)
)
ORDER FOR GENETIC TESTING
THE COURT , having read and considered the Motion For Genetic Testing, having reviewed the
case file and being fully advised in the premises therein, rules as follows:
THE COURT FINDS that it appropriate to grant the motion.
IT IS THEREFORE ORDERED:
1. The parties are ordered to submit to genetic testing and samples to be drawn at
Name of Lab ____________________________________
Date ____________________________________
Time ____________________________________ .
2. The parties shall cooperate with the genetic testing.
3. Costs of genetic testing shall be paid by ____________ % Plaintiff ____________ %
Defendant.
4. Should the Plaintiff Defendant fail to comply with said testing, a default order
may enter against that party.
5. The matter shall be set for hearing by Plaintiff Defendant before this Court, for
receipt of testing results once the results are received.
6. Both parties are ordered to notify the Court, in writing, of any change of address for
notice purposes.
DATE: __________________
____________________________________
Judge
COMPROMISE AGREEMENT
STATE OF ____________
COUNTY OF __________________
WHEREAS , ____________________________________ (full legal name), hereinafter
referred to as "Plaintiff", and ____________________________________ (full legal name),
hereinafter referred to as "Defendant", are the parents of certain minor child(ren); and
WHEREAS , the parties desire to make a mutually acceptable settlement of their rights,
liabilities, obligations regarding child custody, support and visitation; and
WHEREAS , the parties intend that this Agreement shall be binding and effective subject
to approval by the Court in that certain action pending in the __________________ Court for the
State of __________________ , Case Number ____________ , which is an action to determine
parentage involving Plaintiff and Defendant; and
NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits and
advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and
contract as set forth above and below and being sworn, certify that the all statements contained
herein are true and correct:
SECTION 1.
CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND VISITATION
A. It is agreed that the Plaintiff and the Defendant are the parents of the following
child(ren)
Name Birth date
______________________________ ________________________
______________________________ ________________________
______________________________ ________________________
______________________________ ________________________
B. Parental Responsibility Child Custody
Both Plaintiff and Defendant are proper persons to have the permanent legal and physical
custody, parental responsibility, care and control of the minor children of the parties. Plaintiff
and Defendant shall share the decision-making rights, the responsibilities and the authority
relating to the health, education and welfare of the children, and shall, therefore, make joint
decisions concerning the children’s health, education and welfare. Both Plaintiff and Defendant
shall exchange information concerning the health, education and welfare of the minor children,
and shall confer with one another in the exercise of decision-making rights, responsibilities and
authority. Plaintiff and Defendant shall have equal access to all medical, dental and school
records concerning the minor children.
However, the parties agree that the best interest of the child(ren) at
this time is that primary parental responsibility and physical custody
of the minor child(ren) will be and agree as follows:
Plaintiff shall have primary parental responsibility and custody of the minor
child(ren) of the parties subject to the visitation rights of Defendant.
Defendant shall have primary parental responsibility and custody of the minor
child(ren) of the parties subject to the visitation rights of Plaintiff.
Plaintiff and Defendant shall have joint primary parental responsibility and
custody of the minor child(ren) of the parties, both legal and physical.
C. Secondary Parental Responsibility, Visitation, or Time Sharing - General
Provisions.
Visitation shall be conducted pursuant the following general provisions:
i) Visitation should be pleasant for the children and for the parent. Visitation should
help the children maintain a good relationship with the non-custodial parent.
ii) Visitation means the visiting parent has the children visit in his or her home
overnight. It may include trips and outings elsewhere.
iii) Visitation schedules shall be followed and the visiting parent shall inform the
other parent when he or she cannot comply with the schedule.
iv) Adjustment of the visitation schedule from time to time may be necessary
according to the children's ages, health and interests.
v) Visitation should provide meaningful personal contact for both the visiting parent
and the children.
vi) Visitation should not be used to check on the other parent and the children should
not be questioned for information about the other parent.
vii) Both parents should strive to agree on matters pertaining to the children, including
discipline, so that one parent is not undermining the other parent's efforts.
viii) It is in the child's best interest for each parent to have a frequent, meaningful and
continuing relationship with their children. For children to make an adequate adjustment
to the dissolution of their parents marriage, the children must be allowed to continue their
relationship with both parents, experience minimal changes in their lifestyle if at all
possible, and not experience post-divorce conflict between their parents.
D. Secondary Parental Responsibility, Visitation, or Time Sharing Schedule.
The non-custodial parent is entitled to reasonable visitation with the minor child (ren).
Plaintiff and Defendant adopt the following visitation schedule for the non-custodial parent:
Birth to 1 Year of Age
i) Non-custodial parent shall have four (4) visits with the child per week, with such
contact lasting four (4) hours in length.
ii) If the child is taken from the home of the custodial parent, the child shall be
returned at least one (1) hour before evening bedtime.
iii) Holiday Access
Holiday access takes precedence over the regularly scheduled visitation plan.
The non-custodial parent shall be entitled to the following:
On each child's birthday from 5:00 p.m. until 8.00 p.m.;
Memorial Day Monday from 2:00 p.m. until 6:00 p.m.;
Labor Day Monday from 2:00 p.m. unti1 6:00 p.m.;
Thanksgiving Day from 2:00 p.m. until 6:00 p.m.;
Christmas Day from 2:00 p.m. until 6:00 p.m.;
Independence Day from 2:00 p.m. until 6:00 p.m.;
Mother's Day with Mother from 2:00 p.m. until 4:00 p.m. and Father's Day with
Father from 2:00 p.m. until 4:00 p.m.
1 Year of Age to 5 Years of Age
i) The non-custodial parent shall have access on alternate weekends from Friday at
6:00 p.m. until Sunday at 6:00 p.m.
ii) Additionally, the non-custodial parent shall be permitted one (1) week night each
and every week with the child from 5:30 p.m. until 7:30 p.m.
iii) Holiday Access
Holiday access takes precedence over the regularly scheduled access/visitation
plan.
The non-custodial parent shall be entitled to the following:
In years ending in an odd number:
The night before each child's birthday from 5:00 p.m. until 8:00 p.m.;
Memorial Day Monday from 9:00 a.m. until 6:00 p.m.;
Independence Day from 9:00 a.m. unti16:00 p.m.;
Thanksgiving Day from 9:00 a.m. until 6:00 p.m.;
Christmas Eve from 6:00 p.m. until Christmas Day at 10:00 a.m.;
In years ending in an even number:
Each child's birthday from 5:30 p.m. until 7:30 p.m.;
Easter from 8:00 a.m. unti1 6:00 p.m.;
Labor Day Monday from 9:00 a.m. until 6:00 p.m.;
Halloween evening from 5:30 p.m. until 8:00 p.m.;
Christmas Day from 10:00 a.m. until 7:00 p.m.
iv) Summer Visitation
The non-custodial parent shall have one (1) week of vacation with the children each June,
July and August of each year. The non-custodial parent shall notify the custodial parent in
writing no later than May 1 of each year as to the specific weeks of such summer visitation.
5 Years of Age and Beyond
i) Non-custodial parent shall have access with the child on alternate weekends from
Friday at 6:00 p.m. until Sunday at 6:00 p.m. and on the Wednesday preceding the
weekend access from 5:30 p.m. to 7:30 p.m.
ii) In addition, the non-custodial parent shall have access with the child during the
week immediately following the weekend visitation on Tuesday and Thursday evening
from 5:30 p.m. until 7:30 p.m.
iii) Holiday Access:
Holiday access takes precedence over the regularly scheduled access/visitation
plan.
The non-custodial parent shall be entitled to the following:
In years ending in an odd number:
The night before each child's birthday from 5:00 p.m. to 8:00 p.m.;
Spring Break from Friday at 6:00 p.m. to the Sunday prior to the start of school at
6:00 p.m.;
Memorial Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Monday;
Independence Day from 6:00 p.m. on July 3rd until 6:00 p.m. on July 5th;
Thanksgiving holiday from 6:00 p.m. on Wednesday until 6:00 p.m. on Sunday;
From 6:00 p.m. on December 26th until
6:00 p.m. on January 1st.
In years ending in an even number:
Each child's birthday from 5:30 p.m. until 7:30 p.m.;
Easter weekend from 6:00 p.m. on Good Friday until 6:00 p.m. on Easter Sunday;
Labor Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Monday;
Halloween evening from 5:30 p.m. until 9:00 p.m. Christmas holiday from 6:00
p.m. on December 20th until 6:00 p.m. on December 26th.
iv) Mother's Day/Father's Day
The mother shall have access every Mother's Day weekend from Friday at 6:00 p.m. until
Sunday at 6:00 p.m.; the father shall have access every Father's Day weekend from Friday at
6:00 p.m. until Sunday at 6:00 p.m.
v) Summer Visitation:
The non-custodial parent shall have five (5) weeks of summer visitation with the child to
be taken in no more than two (2) week intervals and with such weekly or two (2) week visits to
be nonconsecutive. The non-custodial parent shall notify the custodial parent in writing no later
than May 1st of each year as to the specific weeks of such summer visitation.
E. Secondary Parental Responsibility, Visitation, or Time Sharing Additional
Provisions.
In exercising visitation rights the following additional provisions apply:
1. Conflicts Between Regular Weekend, Holiday, and Extended Summer
Visitation. Where there is a conflict between a holiday weekend and the regular weekend
visitation, the holiday takes precedence. Thus, if the non-custodial parent misses a regular
weekend because it is the custodial parent's holiday, the regular alternating visitation schedule
will resume following the holiday. If the non-custodial parent received two consecutive
weekends because of a holiday, the child will spend the following weekend with the custodial
parent. When there is a conflict between holiday visitation and extended summer visitation, the
holiday visitation takes precedence. When there is a conflict between regular weekend visitation
and extended summer visitation, extended summer visitation takes precedence.
2. Appropriate Conduct By Parents . Parents shall, at all times, avoid speaking
negatively about each other and should firmly discourage such conduct by relatives or friends.
Each parent should encourage the children to support the other parent. The basic rules of
conduct and discipline established by the custodial parent should be the baseline standard for
both parents, and consistently enforced by both, so that the children do not receive mixed signals.
3. Parental Communication. Parents shall at all times keep each other advised of
their home and work addresses and telephone numbers. So far as possible, all communication
concerning the children shall be conducted between the parents in person, or telephonically at
their residences (and not at their places of employment).
4. Grade Reports and Medical Information. The custodial parent shall provide
the non-custodial parent with grade reports and notices from school as they are received and
shall, consistent with Alaska law, permit the non-custodial parent to communicate concerning the
children directly with the school and with the children's doctors and other professionals, outside
the presence of the custodial parent. Each parent shall immediately notify the other of any
medical emergencies or serious illnesses of the children. The custodial parent shall notify the
non-custodial parent of all school or other events (like Church or Scouts) involving parental
participation. If the children are taking medications, the custodial parent shall provide a
sufficient amount and appropriate instructions.
5. Visitation Clothing. The custodial parent shall send an appropriate supply of the
children's clothing with them, which shall be returned clean (when reasonably possible), with the
children, by the non-custodial parent. The non-custodial parent shall advise, as far in advance as
possible, of any special activities so that the appropriate clothing may be sent.
6. Visitation or Support Disputes. Neither visitation nor child support is to be
withheld because of either parent's failure to comply with a court order. The children have aright
to both support and visitation, neither of which is dependent upon the other. In other words,
failure to pay support does not mean no visitation and no visitation does not mean no support. If
there is a violation of either a visitation or a support order, the exclusive remedy is to apply to the
court for appropriate sanctions.
7. Adjustments to This Visitation Schedule. Although this is a rather specific
schedule, the parties are expected to fairly modify visitation when family necessities, illnesses or
commitments reasonably so require. The requesting party shall give as much notice as
circumstances permit.
8. Pickup and Drop-off. Unless other arrangements are made, the non-custodial
parent shall pick up the children at the times specified and return them at the times specified.
The custodial parent shall have the children ready for visitation at the time they are to be picked
up and shall be present at the home to receive the children at the time they are returned.
Unjustified violations of this provision may result in the offender being subject to contempt of
court. (Commentary: While it is most desirable for the parents to pick up and return the children,
this provision does not prohibit grandparents, current spouses or other appropriate adults known
to the children.)
9. Extracurricular Activities. Children are often involved in sports, lessons, and
other extracurricular activities, which are generally to their benefit and enjoyment. Each parent
shall recognize that a reasonable amount of extracurricular activities are generally assumed to be
in the children's best interests. Each parent should attempt to be flexible in order to
accommodate the children's extracurricular activity schedules as must as reasonably possible,
although extracurricular activities should not supersede summer visitation with non-custodial
parents, nor should they be used as a method by which to deny access to the non-custodial
parent. In recognition of the scheduling difficulties that can be caused by children' s
extracurricular activities, custodial parents should act in good faith in attempting to schedule
such extracurricular activities as not to unreasonably infringe upon the non-custodial parent's
access to the children. Likewise, the non-custodial parent should act in good faith in attempting
to assist in transportation needs and in accommodating the children's extracurricular schedules as
much as reasonably possible. Good faith communication by the parents is essential with regard
to the difficult issue of the scheduling of children's extracurricular activities.
10. Notice of Canceled Visitation. Whenever possible, the non-custodial parent
shall give a minimum of three (3) days notice of intent not to exercise all or part of the scheduled
visitation. When such notice is not reasonably possible, the maximum notice permitted by the
circumstances, and the reason therefore, shall be given. The custodial parent shall give the same
type of notice when good cause exists making the cancellation or modification of scheduled
visitation necessary.
11. Missed Visitation. In the event the non-custodial parent misses visitation as the
result of illness of the child or parent, an emergency, or other such reasonable excuse, the parties
shall make a good faith effort to make up a portion of that visitation within a reasonable period
of time, understanding the importance of the non-custodial parent's continuing and frequent
contact with the children. (Commentary: It is important to remember that illness should not
necessarily deprive the non-custodial parent of visitation with the children. Clearly, a non-
custodial parent can take care of a sick child as well as the custodial parent in many
circumstances.)
12. Custodial Parent's Vacation. Unless otherwise specified, the custodial parent
shall be entitled to a period of vacation with the children no less than that accorded the non-
custodial parent, whose visitation shall abate during the first fourteen days thereof, and thereafter
only so long as distance makes visitation impracticable.
13. Caretaker Provision. As a general rule, each parent shall have the right of first
refusal for childcare or baby sitting needs of the other parent for durations of four hours or more.
Whenever either parent has a need for child care or baby sitting for a duration of four hours or
more, that parent should always make a good faith attempt first to inquire of the other parent,
with as much advance notice as reasonably possible, whether the other parent desires to provide
child care or baby sitting. The other parent is under no obligation to provide the childcare or
baby sitting. If the other parent elects to provide such childcare or baby sitting, it shall be done
at no cost. This provision is intended to provide each parent additional access to the children
whenever reasonably possible.
14. Telephone and Mail Privileges. Each parent shall allow liberal and reasonable
telephone and mail privileges with the children.
15. Medical Reports and Bills. The Custodial parent shall provide copies of all
medical information, and documentation, including bins, within seven (7) days of their receipt
and shall immediately notify the other parent in the event of a medical emergency. Every effort
shall be made for the custodial parent to provide the non-custodial parent with the necessary
information of a medical expense in order to get the bill satisfied. The parent with the medical
insurance shall provide the other parent with a copy of the explanation of benefits within seven
(7) days from the date of receipt of same so that the uninsured portion of the bill can be quickly
calculated and paid within a reasonable period of time.
16. Abatement of Support During Extended Visitation. If the non-custodial
parent's support obligation is current, support shall abate by 50 percent during any visitation of
seven (7) consecutive days or more. If support is not current, the 50 percent that would have
been abated shall be paid and shall apply to the existing arrearage. (Commentary: If the
custodial parent actually receives the full amount of child support during this period and if
support is current, it is the custodial parent's obligation to refund the money immediately to the
non-custodial parent. This alleviates many of the problems that arise when wage-withholding
orders have been issued.)
17. Modification. If the parties mutually agree permanently to change the provisions
of their decree of divorce, they must petition the Court to approve and order that change. In the
event that the parties do not obtain a court order, the Court will not be bound by any alleged
agreement of the parties.
18. Neither parent shall take the child(ren) from the custody of the other parent
or any child care provider or other person entrusted by the other parent with the care of
the child(ren) without the agreement of the other party during the other party’s time of
parental responsibility or visitation.
F. Other Provisions. {explain any other agreed-upon arrangements}
____________________________________________________________
SECTION 2.
CHILD SUPPORT, HEALTH INSURANCE, DENTAL INSURANCE
A. Amount and Person to Pay. Plaintiff Defendant will pay child support to
Defendant Plaintiff for the benefit of the minor children of the parties in the amount of
$ __________________ , per child, every week other week month, beginning
________________________ {date} and continuing until modified by court order, or the minor
child(ren) becomes an adult, emancipated, marries, dies, otherwise becomes self-supporting.
(Note: Child support is stated in terms of amount per child.)
B. Child Support Arrearage. There currently is a child support arrearage of
$ __________________ for retroactive child support and/or $ __________________ for
previously ordered unpaid child support. The total of $ __________________ in child support
arrearage shall be repaid at the rate of $ __________________ every week other week
month, beginning ________________________ , until paid in full including statutory interest.
C. Health Insurance. Plaintiff Defendant will maintain health insurance
coverage for the parties’ minor child(ren). The party providing coverage will provide insurance
cards to the other party showing coverage. OR Health insurance is not reasonably available
at this time. Any uninsured/ unreimbursed medical costs for the minor child(ren) shall be
assessed as follows:
a. Shared equally by both parents.
b. Prorated according to the child support guideline percentages.
c. Other {explain} :
____________________________________________________________
As to these uninsured/unreimbursed medical expenses, the party who incurs the expense
shall submit a request for reimbursement to the other party within 30 days, and the other party,
within 30 days of receipt, shall submit the applicable reimbursement for that expense, according
to the schedule of reimbursement set out in this paragraph.
D. Dental Insurance. Plaintiff Defendant will maintain dental insurance
coverage for the parties’ minor child(ren). The party providing coverage will provide insurance
cards to the other party showing coverage. OR dental insurance is not reasonably
available at this time. Any uninsured/ unreimbursed dental costs for the minor child(ren) shall be
assessed as follows:
a. Shared equally by both parents.
b. Prorated according to the child support guideline percentages.
c. Other {explain} :
____________________________________________________________
As to these uninsured/unreimbursed dental expenses, the party who incurs the expense
shall submit a request for reimbursement to the other party within 30 days, and the other party,
within 30 days of receipt, shall submit the applicable reimbursement for that expense, according
to the schedule of reimbursement set out in this paragraph.
E. Life Insurance. Plaintiff Defendant shall be required to maintain life
insurance coverage for the benefit of the parties’ minor child(ren) in the amount of
$ ____________ until the youngest child becomes an adult, becomes emancipated,
marries, dies, or otherwise becomes self-supporting.
IRS Income Tax Deduction(s). The parent granted primary residential responsibility or
sole parental responsibility of the parties’ minor child(ren) shall have the benefit of any tax
deductions for the child(ren) or as follows {explain} :
________________________________________________________________________
The other parent will convey any applicable IRS form regarding the income tax
deduction.
F. Other provisions relating to child support (e.g., uninsured medical/dental
expenses, insurance coverage, life insurance to secure child support, orthodontic payments,
college fund, etc.): ____________________________________________________________
SECTION 3.
ABSENCE OF DURESS OR UNDUE INFLUENCE
The parties agree and state that each has freely and voluntarily entered into this
agreement. This agreement was executed free of any duress, coercion, collusion, or undue
influence. In some instances, it represents a compromise of disputed issues; however, the
parties believe that the terms and conditions of the Agreement are fair and reasonable.
SECTION 4.
ENFORCEMENT
This Agreement may be enforced by actions and proceedings for Contempt of Court, or
attachment and garnishment, for specific performance, or any other remedy legally available to
either Plaintiff or Defendant, for the enforcement of the provisions and covenants of this
Agreement.
SECTION 5.
BANKRUPTCY
To the extent of any obligation contained herein is discharged in bankruptcy and the non-
bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition
a court of competent jurisdiction for spousal support in an amount sufficient to cover any
amounts so discharged.
SECTION 6.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and each party
acknowledges that there are no further agreements not expressly included herein and that this
Agreement may be modified, altered, or amended only in writing, duly signed and notarized by
each in the form of this original.
SECTION 7.
FULLY READ AND UNDERSTAND; INFORMED CONSENT
Each party represents and acknowledges that he or she has fully read this Agreement,
consulted with each other, carefully considered same, and have signed and executed same after
such consultation, that the signing of this Agreement is free and voluntary without force or
collusion by either party or any third party, and that each party signed same with the full
knowledge of said party's rights, obligations, and responsibilities. Each party agrees that they
have had a reasonable opportunity to consult with an attorney of their choice in the negotiation
and preparation of this document, and regarding any divorce proceeding.
SECTION 8.
SEVERABILITY
If any portion of the agreement shall be held to be void, voidable or unenforceable for
any reason, then all the remaining parts or portions shall be construed, implemented and
administered as if such void, voidable or unenforceable portion did not appear herein.
SECTION 9.
CONTROLLING LAW
This Agreement shall be governed, enforced and interpreted according to the laws of the State of
Mississippi.
SECTION 10.
EFFECTIVE DATE; HEIRS AND ASSIGNS
This agreement shall be binding upon the parties and their legal representatives,
successor, heirs and assigns, subject to approval by the Court in which paternity proceedings are
instituted or pending.
EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certify that I
have been open and honest in entering into this settlement agreement. I am satisfied with this
agreement and intend to be bound by it.
Date:
Signature of Plaintiff
Type or Print Name
Address:
City, State, Zip
Telephone Number
Date:
Signature of Defendant
Type or Print Name
Address:
City, State, Zip
Telephone Number
STATE OF MISSISSIPPI
COUNTY OF __________________
PERSONALLY appeared before me, the undersigned authority in and for the county and
state aforesaid, the with named ______________________________ , who, being by me first
duly sworn, states on her oath that the matters and facts set forth in the above and foregoing
Compromise Agreement are true and correct as therein stated and that
______________________________ signed and delivered same on the day and year therein
mentioned.
Signature
Type or Print Name
GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the ______ day of
__________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
STATE OF MISSISSIPPI
COUNTY OF __________________
PERSONALLY appeared before me, the undersigned authority in and for the county and
state aforesaid, the with named ______________________________ , who, being by me first
duly sworn, states on her oath that the matters and facts set forth in the above and foregoing
Compromise Agreement are true and correct as therein stated and that
______________________________ signed and delivered same on the day and year therein
mentioned.
Signature
Type or Print Name
GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the ______ day of
__________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
IN THE CHANCERY COURT OF ___________ COUNTY
STATE OF MISSISSIPPI
)
__________________________________ )
NAME OF PLAINTIFF )
)
)
V. ) NO. _______________________
)
__________________________________ )
NAME OF DEFENDANT )
)
)
MOTION TO APPROVE COMPROMISE AGREEMENT
I, ______________________________ , Plaintiff, hereby requests the Court approve the
Compromise Agreement attached hereto and incorporated herein as though set forth in full, and
further state as follows:
1. The Plaintiff Defendant, admits that he is the father of the minor child(ren) of
this action.
2. The parties have reached a Compromise Agreement that addresses all the issues of child
support, visitation, and parenting.
3. The parties agree that the Compromise is fair and reasonable and request the Court
approve the Agreement.
Date: __________________
____________________________________
Plaintiff Defendant
Address: ________________________
________________________
________________________
Telephone: ________________________
CERTIFICATE OF SERVICE
I certify that on __________________ (date) the original and one copy of this document
were filed with the Court; and, a true and accurate copy of the MOTION FOR APPROVAL OF
COMPROMISE AGREEMENT was served on the other party by Hand Delivery OR
by placing it in the United States mail, postage pre-paid, and addressed to the following:
TO: ______________________________
______________________________
______________________________
____________________________________
Signature
IN THE CHANCERY COURT OF ___________ COUNTY
STATE OF MISSISSIPPI
)
__________________________________ )
NAME OF PLAINTIFF )
)
)
V. ) NO. _______________________
)
__________________________________ )
NAME OF DEFENDANT )
)
)
ORDER APPROVING COMPROMISE AGREEMENT
THE COURT, having read and considered the Motion for Approval of Compromise Agreement,
having reviewed the case file and being fully advised in the premises therein, rules as follows:
1. This Court has jurisdiction over the parties under the law.
2. Plaintiff and Defendant are the natural parents of the child(ren).
CHILD’S NAME DATE OF BIRTH
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
3. The terms and conditions contained in the Compromise Agreement filed by the
Parties is approved and incorporated herein as though set forth in full.
4. That the birth certificate of the child(ren) is at variance with this Decree and new birth
certificate shall be issued and the child’s last name changed to that of the
Plaintiff Defendant.
5. OTHER ORDERS: This Court makes further Orders relating to this matter as follows:
________________________________________________________________________
Date: __________________
____________________________________
JUDGE
IN THE CHANCERY COURT OF ___________ COUNTY
STATE OF MISSISSIPPI
)
__________________________________ )
NAME OF PLAINTIFF )
)
)
V. ) NO. _______________________
)
__________________________________ )
NAME OF DEFENDANT )
)
)
DECREE OF PATERNITY
THIS COURT having read the pleadings, heard the evidence, and being otherwise advised,
finds:
Findings of Fact
1. The Petitioner is a resident of __________________ County, Mississippi.
2. is the Mother of the minor child.
3. is the Father of the minor child.
4. The name, date of birth and age of the minor child is:
Name Date of Birth Age
WHEREFORE, THIS COURT ORDERS:
Paternity
[ ] 1. is hereby declared to be the natural father of the minor
child.
Custody
[Choose One]
[ ] 2. Mother is awarded sole legal and physical custody of the minor child subject to the
other parent’s reasonable rights of visitation. Sole legal and physical custody in Mother is in the
best interests of the minor child because:
[ ] 2. Father is awarded sole legal and physical custody of the minor child subject to the
other parent’s reasonable rights of visitation. Sole legal and physical custody in Father is in the
best interests of the minor child because:
OR
[ ] 2. Mother and Father are awarded joint legal and physical custody of the child in
accordance with the parties’ Parenting Plan.
Child Support
[ ] 3. Child support is set according to the statutory guidelines for the State of Mississippi
for Child Support and Father is order to pay monthly child support of $ to be paid on
or before the first of each month, beginning the first month after the entry of the Decree of
Paternity.
[ ] 3. Child support arrears are found to be $ and Father is ordered to pay child
support arrears by paying an additional monthly amount of $ to be paid on
or before the first of each month, beginning the first month after the entry of Decree of Paternity.
Life Insurance
[ ] 4. Father is ordered to purchase life insurance with a benefit amount of
$ , naming the Mother as trustee for the benefit of the minor child in order to pay
the child support obligation upon the other parent’s death.
Medical Insurance
[ ] 5. Father is ordered to provide health and dental insurance for the minor child.
Medical Expenses
[Choose One]
[ ] 6. Father shall pay 100% of the child’s health and dental expenses not paid by insurance.
OR
[ ] 6. Mother and Father shall each pay one-half of the child’s health and dental expenses
not paid by insurance.
OR
[ ] 6. Mother and Father shall pay the child’s health and dental expenses not paid by
insurance in the percentages shown on the child support worksheet.
Lying-in Expenses
[ ] 7. Mother incurred $ ____________ in hospital expenses for the pre-natal care, birth and
immediate post-natal care of the minor child and Father should pay this amount to the Mother in
12 equal monthly installments to be paid on or before the first of each month, beginning the first
month after the entry of the Decree of Paternity.
Birth Records
[ ] 8. The Department of Vital Statistics should be ordered to change the birth record of the
minor child to reflect the paternity as determined by this court.
Judge
Petitioner
Respondent
