When parents are divorcing or separating, a parenting plan is a crucial and stressful part of this legal process. Parents can create a parenting plan together, and it is often beneficial for themselves and their children to do so. Negotiating a parenting plan is complicated, even when parents are amicable, and the agreement must include a lot of information. A Columbia, MO, child custody lawyer can help parents find solutions in a parenting plan that are right for their children.
If you and your co-parent cannot agree on a plan, the court will make one for you, which may not address your unique family’s needs as clearly. There are many benefits to creating your parenting plan outside of court, including giving you more control over the plan and creating a strong foundation for a co-parenting relationship. Both parents have immense responsibilities, and a parenting plan helps each of you be aware of those requirements and better care for your children.
A parenting plan must have certain information included in it, which covers many broad and specific childcare requirements. You are not limited to this required information, however, and your plan can include whatever is helpful for you and your children.
What Information Should Be in Your Missouri Parenting Plan?
A parenting plan should cover several general important decisions about the children as well as the specific and practical needs of your family. There is some information that is required in a proposed parenting plan under Missouri law. Parents can either create a parenting plan together or submit a separate plan. These parenting plans must hold the child’s interests as the priority. The parenting plan should cover the following aspects of physical custody and residency of a child:
- Where a child will spend major holidays as well as a list of those holidays, including school holidays if applicable, their birthday, and holidays like Mother’s Day and Father’s Day
- Residency on weekdays vs. weekends
- How a child’s schedule will change, if they are school-aged, during school and during winter, spring, and summer breaks
- How and where parents will transfer a child between homes during each residency change
- Transportation responsibilities
- A plan for phone access
- Options and procedures for flexibility in case of a temporary change or emergency
- Any potential limitations between another party and a child
It is also required to cover the legal custody of a child, which is the ability of each parent to make important decisions for their child. Specifically, the parenting plan should cover the following elements of legal custody:
- Where a child will go to school and other educational decisions
- How the school will communicate with each parent
- How parents will exchange information they received from the school
- What healthcare providers a child will receive care from and other decisions about medical and dental care
- How parents will communicate medical conditions about a child with each other
- How to handle emergency medical care needs
- Which extracurriculars a child is involved in and how they affect residency and custody
- How to select childcare providers
- How parents will generally communicate
- A plan for how parents will resolve disputes over interpretations of the plan prior to going to court
- A statement for why only one parent should receive legal decision-making abilities if applicable
A Missouri parenting plan is also expected to cover a child’s financial needs and how parents will pay those expenses. This includes the costs of childcare, educational needs, and any extraordinary expenses. It should consider the following financial concerns:
- A proposed amount of child support
- The parent who maintains a child’s health insurance
- How parents will cover healthcare costs that are not covered by insurance
- Payments for educational costs, extraordinary expenses, transportation, and childcare when these are applicable
Missouri parenting plans are not limited to this information, but they must include these issues at a minimum. You may want to include information like when modifications can be made or how to handle the relocation of a parent. An attorney is helpful for ensuring that the necessary aspects of a parenting plan are met and that your family’s unique needs are considered.
FAQs
Q: What Is a Parenting Plan in Missouri?
A: A parenting plan in Missouri is an agreement that explains each parent’s parental rights and responsibilities in a custody arrangement. It will cover:
- Custody
- Child support
- Transportation
- Schedules
- Childcare costs
- Education
- Any other crucial choices
The parenting plan must cover certain information about caring for and supporting their child, as it is meant to help parents navigate a co-parenting arrangement effectively. A parenting plan gives parents time to negotiate certain issues prior to conflict occurring and provides a written guideline to refer back to.
Q: Is Missouri a 50/50 Custody State?
A: Yes, Missouri is a 50/50 custody state due to the recent change to custody laws, which presumes that equal parenting time is beneficial to a child’s interests. This presumption can be negated if parents create a parenting plan together that is in the child’s interests or if the court believes that it is not in a child’s interests to have equal custody. This determination by the court is based on factors such as:
- The relationship between a child and their parents
- Each party’s mental and physical health
Q: At What Age Can a Child Refuse to See a Parent in Missouri?
A: There is no age when a child can refuse to see a parent in Missouri if there are court orders for their visitation with that parent. Until a child is 18 and no longer a legal child, they are expected to follow the court orders. When the court is deciding on a custody arrangement, it may consider the wishes of a child. If a child’s wishes do not support their interests, the court does not have to adhere to these wishes.
Q: What Is the Standard Custody Agreement in Missouri?
A: There is no standard custody agreement in Missouri, as each custody arrangement will rely on the specific interests of a child and their unique familial circumstances. The court has a legal presumption that equal or near-equal parenting time is in a child’s interests, which makes it a more common custody arrangement. This assumption is rebuttable if parents reach a complete agreement outside of court or if the court finds evidence that an equal parenting time arrangement is not in a child’s interests.
Negotiating a Beneficial Parenting Plan for Your Family
Stange Law Firm can help you protect your family’s interests as you craft a parenting plan. Contact our firm today.
