Creating a parenting plan is one of the most critical steps you can take for your child’s stability when parents separate or divorce. Life continues to evolve as children mature, parents relocate, employment situations change, and new relationships emerge. A plan that seemed ideal two years ago may not serve your family’s current needs. This is why it’s important to know the signs that signify that it may be time to change your parenting plan.
About Us
Since 2007, at Stange Law Firm, we have been handling family law matters exclusively. We have helped parents in Missouri and surrounding states to develop and modify parenting plans to fit their families.
Our Columbia family law attorneys practice in the Boone County Circuit Court (13th Judicial Circuit), and we are well-versed in assisting parents with modifications, custody, and mediation. Our attorneys assist you in customizing your parenting plans because no single parenting solution fits all families.
Relevant Missouri Laws
Parenting plans are important, as a significant number of children do not live in two-parent households. In Missouri, from 2019 to 2023, 23.5% of children were in single-parent homes. This was a decline from the prior four years, during which 32.8% of children lived in single-parent homes.
Parenting plans in Columbia, MO are defined by Missouri Revised Statutes § 452.375, which is centered around the child’s best interests. The courts expect both parents to cooperate to adhere to the plan, but life is rarely that simple. If circumstances change, you will need to review and legally amend your parenting plan.
The Child’s Needs Changed
Children’s needs change as they age. A parenting plan that made sense for a preschooler often does not work for a teenager involved in sports, homework, and social activities. If your child has begun new activities, changed schools, or developed medical or emotional needs that call for a different schedule, this is a compelling reason to change the plan.
Judicial bodies expect both parents to demonstrate adaptability, prioritizing their child’s well-being rather than sticking to an outdated routine.
One Parent Is Relocating
Relocation is one of the most frequent reasons that parents return to court to modify their parenting plan. Missouri law requires a parent who intends to relocate, even within the state, to give the other parent written notice at least 60 days before the move. If one parent is moving a long distance away, it may be impractical to continue with the same schedule.
The court may change the plan to vary visitation times, travel obligations, and communication methods. For instance, if one parent relocates for work or family, extended but less frequent visits, such as long summer or holiday stays, may take the place of shorter, more frequent ones.
Parental Lifestyle Changes
Parents’ lives also change over time. A parent might remarry, have another child, or make lifestyle changes that impact the child’s environment. When parents demonstrate positive changes, including greater stability, sobriety, or improved housing conditions, the court will review these improvements during plan evaluation.
On the other hand, if a parent’s new circumstances raise safety concerns such as substance abuse or domestic conflict, the court can adjust custody to protect the child’s welfare.
There Are Safety Concerns
The safety of your child should always be a primary consideration in a parenting plan. If you have new concerns about neglect, abuse, or unsafe conditions in the other parent’s home, you may need to seek an immediate modification to the parenting plan.
In Missouri, the courts can issue temporary orders or expedite custody modifications when there is credible evidence that the child’s safety is at risk. If you suspect that your child is being harmed, document your concerns and seek legal assistance immediately.
Additional Signs
There are several signs to look out for that may indicate a need to revisit your parenting plan, especially if multiple signs are present at once. Some additional signs to look for include:
- Your child is struggling mentally or emotionally, as this can be a sign that the current plan is not adequately meeting their needs.
- The parenting plan does not reflect real life anymore, such as a changing family schedule.
- The child is old enough to have a preference on who they would like to live with and when.
- The parenting plan has not been reviewed in years.
FAQs
Q: How Often Should I Review My Parenting Plan in Missouri?
A: Ideally, you should revisit your parenting plan every two years, or as major changes take place in your life. New jobs, school changes, and even a move are just a few reasons to update your plan. Missouri courts will always require parents to put their child’s best interests first. If you know an issue will become a problem down the road, be proactive and change your plan before a conflict arises.
Q: Can My Child’s Preferences Affect a Parenting Plan Modification?
A: Yes, in Missouri, the judge can consider the child’s wishes if the child is of sufficient age and maturity to express a reasonable preference. There is no specific age at which the court must or must not consider the child’s wishes. However, in general, the court gives more weight to a child’s wishes when they are a teenager.
Q: Do Both Parents Have to Agree to a Modification?
A: Both parents don’t necessarily have to agree to the modification, although it is easier if they both do. The simplest option is for parents to consent to changes and submit a specified modification for court approval. If one parent objects, the other may file a motion to change in Boone County Circuit Court, and the judge will decide what is in the child’s best interests.
Q: What if One Parent Refuses to Follow the Parenting Plan?
A: In Missouri, if a parent is violating the parenting plan, for instance, by skipping visits, withholding the child, or refusing to allow communication, you may be able to file a family access motion. The court can order enforcement of the plan, make-up visitation, or, in extreme cases where violations are continuous and detrimental to the child, modify custody.
Contact Stange Law Firm
If you or someone you know needs an updated parenting plan, Stange Law Firm can help you develop one that benefits your family. Contact us today to get started.