- September 20, 2024
- Kelvin Birk
- Divorce
For divorcing parents, creating an effective parenting plan that works is a major concern, as the children’s lives are at stake. Parenting plans cover important decisions including how legal and physical custody will be arranged, a schedule of how parenting time will be set up, and how major decisions will be made. It is always best if parents can agree on making a joint plan, but if the divorce is contentious, disagreements are likely to arise. An experienced Missouri divorce lawyer can represent your interests and help work through these issues to come up with a comprehensive parenting plan that works and is legally sound.
Understanding Parenting Plans in Missouri Divorces
In Missouri, parents must file a proposed parenting plan with the court within 30 days of filing for custody. If you cannot agree on a joint plan, you may each file a separate one. The court will review the plans to ensure they cover all necessary elements and serve the best interests of the children and approve a plan or ask for changes. Missouri requires parents to make their plan by using either the statewide form or the form of the parents’ county, depending on the preference of the individual county court.
In addition to agreements on legal and physical custody, plans should include residential, vacation, and holiday schedules for parenting time; options for decision making on things like healthcare, religion, and education; how child exchanges are made; and how children will be supported. You may add provisions and rules based on your individual family’s needs.
Custody Arrangements in Missouri
Custody arrangements in Missouri cover the areas of legal and physical custody, which must be addressed in the parenting plan:
Physical custody determines where the child resides. You may opt for:
- Joint physical custody, where the child spends significant time with both parents
- Sole physical custody, where the child primarily lives with one parent and the other has visitation for specified periods of time.
Legal custody determines who has the decision-making rights regarding the child’s health, education, religious upbringing, extracurricular activities, and welfare, regardless of where the child primarily resides. This may be:
- Joint legal custody: The parents share decision-making equally
- Sole legal custody: One parent has the primary and final decision-making authority.
In some cases, one parent may have the major decision-making authority in some areas, and the other parent may have the authority in other areas. Routine decisions like bedtime, meals and chores are usually made by the parent who has physical custody that day, but parents should cooperate to ensure consistency. Emergency decisions are made by the parent with physical custody at the time of the emergency, and the other parent should be notified as soon as possible.
Visitation Schedule
Visitation schedules set out how parenting time with children is allocated. Children are usually best off with schedules that disrupt their lives as little as possible, so they can continue with their friendships, school schedules, and activities. The residential schedule for parenting time should let children know with which parent they will spend vacations, birthdays and holidays; what their transportation arrangements will be; and when supervision is required for a child’s safety.
Visitation schedules should consider factors such as the child’s age, gender, maturity level, intelligence, preferences, and ability to tell the difference between right and wrong. Needs of the child may change over time, and plans should change accordingly, such as allowing a teenager a schedule that fits with their social life and activities. Parents’ needs may change as well, such as if one needs to move further away or start a new job.
Communication and Cooperation
It is always best if parents can communicate civilly and cooperate to make major decisions together that ensure the best interests of the child. If the divorce is too hostile for in-person or telephone communication, there still may be alternative options, such as communicating in writing or through a third, neutral party. In any case, plans should set down in writing the following points:
- Methods and frequency of communication between parents
- How parents will make major decisions and what to do if they do not agree
- Rules for communicating with the child when in the other parent’s care.
Financial Responsibility
Both parents are responsible for financially supporting their child. Often, the parent who spends less time with the child makes child support payments to the other parent. The amount of child support is calculated by taking into account:
- The income of both parents (including wages, salaries, commissions, benefits)
- The number of children
- The number of overnight stays the child has with the non-custodial parent
- Other costs paid by the non-custodial parent, such as costs of child care, the child’s medical/dental insurance, and any additional medical needs.
Basic child support amounts are determined from the schedule. Parents can agree to a different amount, and judges can deviate from the guidelines if they determine it’s in the child’s best interests. If there has been a significant change in circumstances that is at least 20% different from the existing order, parents can request a modification.
Creating a Flexible and Adaptable Parenting Plan
Family circumstances change, and parenting plans should include additional provisions that take into consideration the following:
- Procedures for requesting schedule changes
- Right of first refusal for childcare
- Rules about introducing and time spent with new partners
- Methods for resolving disputes
- Guidelines for potential future modifications
- Guidelines for possible future moves.
By focusing on the child’s best interests, considering the child’s existing routines and relationships with each parent, being realistic about each parent’s abilities and availability based on their own schedules, and anticipating changes in the future, you can come up with a flexible plan that works.
Resources for Creating a Missouri Parenting Plan
There are several resources for help in creating a parenting plan in Missouri:
Child support calculations — To help calculate child support, use the Missouri Schedule of Basic Child Support Obligations Form 14 (Child Support Amount Calculation Worksheet). If the responsible parent is not paying, the Missouri Family Support Division (FSD) can help enforce court-ordered child support.
Online Tools and Templates — There are several online services that provide comprehensive parenting plan templates and tools specifically for Missouri:
- Custody X Change – Provides customizable parenting plan software with Missouri-specific provisions
- Our Family Wizard – Offers co-parenting tools and schedule templates
- 2Houses – Features collaborative parenting plan creation tools.
Educational resources – Information is available on the Missouri Bar Association website and local court websites, and from parenting classes which are required by some courts. The Missouri Department of Social Services provides child support calculators and information on custody laws and procedures.
Professional resources – Find professional mediators and family attorneys through recommendations from others or through several online rating sites, such as Avvo and Super Lawyers.
Get Help from Our Missouri Family Law Attorney
You want the best for your children, and family law attorney Kelvin Birk can help create the best parenting plan possible, ensure it meets legal requirements, and provide guidance for all divorce, child custody, and support issues that you are faced with.
Kelvin has lived in Missouri most of his life and raised a family here, and he is a Certified Public Accountant as well as a lawyer. This combined expertise allows the Birk Law Firm to provide an extremely high level of service and counseling that addresses all your needs. Call today for a free consultation to see how we can help.
Get Help Now 573-332-8585
Attorney Kelvin Birk
Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas.. [ Attorney Bio ]
