Section 8.1 Parenting Plans

• Library: Family Law Deskbook and 2014 Supp

I. (§8.1) Parenting Plans

In 1998, the Missouri legislature passed legislation adopting
§ 452.310.7, RSMo, which mandates the use of a “parenting plan” when child custody or visitation issues are before the court, including actions for dissolution, modification of a prior judgment of dissolution, or a paternity action. Section 452.310.7 was amended by the legislature in 2009 and
re-codified as § 452.310.8, now RSMo Supp. 2011. See also § 210.853, RSMo 2000. The purpose of the parenting plan is to provide a complete and comprehensive agreement for separated parents in raising their children. The goal is to “prevent courts from being clogged with minor custody
and visitation disputes.” Davidson v. Fisher, 96 S.W.3d 160 (Mo. App. W.D. 2003). The parenting plan, which is to be filed either jointly or separately by each party within 30 days of a pleading or entry of appearance, is designed to assist separated or divorced parents in developing the best possible environment for their children. The parenting plan is not a pleading and does not require the signature of the parties or counsel although it may be wise to do so. See Nevins v. Green, 317 S.W.3d 691 (Mo. App. W.D. 2010). Section 452.310.8 is very detailed with respect to the provisions to be contained within the parenting plan and requires the parties to contemplate the major life issues that will face their children in the years to come:

The petitioner and respondent shall submit a proposed parenting plan, either individually or jointly, within thirty days after service of process or the filing of the entry of appearance, whichever event first occurs of a motion to modify or a petition involving custody or visitation issues. The proposed parenting plan shall set forth the arrangements that the party believes to be in the best interest of the minor children and shall include but not be limited to:

(1) A specific written schedule detailing the custody, visitation and residential time for each child with each party including:

(a) Major holidays stating which holidays a party has each year;

(b) School holidays for school-age children;

(c) The child’s birthday, Mother’s Day and Father’s Day;

(d) Weekday and weekend schedules and for school-age children how the winter, spring, summer and other vacations from school will be spent;

(e) The times and places for transfer of the child between the parties in connection with the residential schedule;

(f) A plan for sharing transportation duties associated with the residential schedule;

(g) Appropriate times for telephone access;

(h) Suggested procedures for notifying the other party when a party requests a temporary variation from the residential schedule;

(i) Any suggested restrictions or limitations on access to a party and the reasons such restrictions are requested;

(2) A specific written plan regarding legal custody which details how the decision-making rights and responsibilities will be shared between the parties including the following:

(a) Educational decisions and methods of communicating information from the school to both parties;

(b) Medical, dental and health care decisions including how health care providers will be selected and a method of communicating medical conditions of the child and how emergency care will be handled;

(c) Extracurricular activities, including a method for determining which activities the child will participate in when those activities involve time during which each party is the custodian;

(d) Child care providers, including how such providers will be selected;

(e) Communication procedures including access to telephone numbers as appropriate;

(f) A dispute resolution procedure for those matters on which the parties disagree or in interpreting the parenting plan;

(g) If a party suggests no shared decision-making, a statement of the reasons for such a request;

(3) How the expenses of the child, including child care, educational and extraordinary expenses as defined in the child support guidelines established by the supreme court, will be paid including:

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