Missouri Parenting Plans and Custody Agreements
You can write up your own parenting plan (on your own or with the other parent) or you can work with an attorney or legal professional and have them create it. If you don't want to pay the high cost of an attorney, and want to easily make your own agreement, you can use the Custody X Change software.
Custody X Change is software that creates parenting plans. You make each part of your agreement, and then you can print professional documents of your plan. Download a free 30-day trial and see how it can help you.
You can use Custody X Change to:
- Negotiate an agreement with the other parent
- Work with your attorney to come up with a parenting plan you like
- Prepare sample agreements for mediation
- Make a plan to present in court
Being familiar with the laws of Missouri can ensure your child custody case progresses efficiently as it enables you to proceed in compliance with the law and rules of the court.
The laws pertaining to child custody and visitation in the State of Missouri can be found in the Missouri Revised Statutes, Chapter 452, Dissolution of Marriage, Divorce, Alimony, and Separate Maintenance (MRS 452.375).
The Missouri Revised Statutes contains information regarding parenting plans, how parents are permitted to submit their own parenting plans to the court, the circumstances in which the court will adopt or reject a submitted parenting plan, and provisions that allow the court to create a parenting order.
Knowing what the court expects prior to creating a parenting plan will ease the entire process.
Since one of the first things you need to decide for your agreement is the designation of custody, here are some definitions that Missouri uses:
- Legal custody pertains to the decision-making rights, responsibilities, and authority relating to the health, education, and welfare of the child and how the parents confer with one another in exercising these rights
- Physical custody pertains to the actual periods of time when the child resides with or is under the care and supervision of a parent
- Third-party custody means a third party (other than the parents) is designated as a legal and physical custodian of the child
- Custody in general means joint legal custody (shared), sole legal custody (awarded to only one parent), joint physical custody, sole physical custody, or any combination of the above.
- Joint custody (physical, legal, or both) means that the parents share the custodial rights to the child.
- Sole custody (physical, legal, or both) means that only one parent is given the custodial rights to the child.
The court will consider the following types of custody prior to making a decision (MRS 452.375.5):
- Joint physical and joint legal custody to both parents. One parent's home shall be designated as the child's primary residence for technical purposes
- Joint physical custody to both parents, with one parent granted sole legal custody
- Joint legal custody to both parents, with one parent granted sole physical custody
- Sole legal and sole physical custody to only one parent
- Third-party visitation or custody
Joint custody is believed to be better for the child in most custody situations and the court prefer to award it.
The public policy of the State of Missouri is that it is in the best interest of a child to have frequent, meaningful, and on-going contact with both parents, except in cases where circumstances exist that would prove to not be in the child's best interests to do so (MRS 452.375.4).
Obviously joint custody is not a good idea in situations where your child would be negatively affected or harmed by a bad situation or a bad parent. Substance abuse, domestic violence, neglect, or any types of abuse do not foster a safe, nurturing environment for any child and different standards apply to these situations.
One parent simply opposing joint custody is not a good enough reason to deny it (MRS 452.375.5.1). Cause must be shown that would indicate it is not in the child's best interest to award joint custody to the parents.
Sometimes other factors will affect the court's ruling on custody, such as the geographical distance between the parents, but the court's main concern is always the best interests of the child.
When determining the child's best interests, the court considers many factors (MRS 452.375.2), including, but not limited to:
- The wishes of the parents as to custody and the contents of any submitted parenting plans
- The child's need for a continuing, on-going, frequent, and meaningful relationship with both parents, and the ability and likeness of each parent to facilitate, foster, and encourage such a relationship with the other parent
- The child's personal relationship with each parent, as well as any relationships with other siblings, relatives, and any other persons that may have an effect on the child's life
- Which parent is more likely to foster a relationship between the child and the other parent, by allowing continuing, meaningful, and frequent contact between the child and other parent
- How well the child is adjusted to his or her home, community, and school
- The physical and mental health of each parent
- The wishes of the child as to a custodian
A parenting plan / custody agreement in the State of Missouri should include:
- A statement describing the type of custody each parent shall have
- A parenting time or child visitation schedule, which should include a basic residential schedule, a schedule for holidays and special days, and a vacation schedule or stipulations for scheduling vacation time
- A statement assigning legal responsibility and major decision making to each, either, or both parents
- A method for dispute resolution to avoid returning to court due to potential disagreements
- Any other stipulations you wish to include, such as provisions for transportation costs or how extracurricular activities shall be handled
An accepted or court ordered parenting plan will be in effect until the child reaches adulthood, unless it is modified in a court proceeding. Careful thought and foresight should be excised when designing the plan to ensure the plan encompasses all aspects of raising the child apart.
Any judgment involving child custody in the State of Missouri shall contain a parenting plan (MRS 452.375.9).
The parenting plan may be submitted to the court by the parents. If you are able to reach a mutual agreement and submit a parenting plan, the court will evaluate your parenting plan to ensure it complies with meeting the needs of your child and serves his or her best interests, before approving it.
If the court finds that your submitted parenting plan does not serve your child's best interests, or if you are unable to reach an agreement, the court shall create and order parenting plan / custody order for you.
It is important to attempt to set differences aside and work with the other parent, if possible, to submit a parenting plan designed specifically for your child. The court has little or no knowledge of your child's specific needs, so the court ordered parenting plan may or may not be what is right for your child.
If you have to, you may also submit your own, separate parenting plans to be considered by the court, but the judge will rule according to what s/he feels is best for your child.
Related articles:
- Missouri Custody and Visitation Schedules
- Creating Successful Parenting Plans
- A Complete Parenting Plan Template
- Child Custody Agreements with Custody X Change
The top fifteen cities in Missouri (by population, US Census Bureau, 2008) are: Kansas City, St. Louis, Springfield, Independence, Columbia, Lee's Summit, O'Fallon, St. Joseph, St. Charles, Blue Springs, St. Peters, Florissant, Joplin, Chesterfield, Jefferson City.