Section 8.1 Parenting Plans

LibraryFamily Law (2019 Supp)

I. (§8.1) Parenting Plans

Replace the first paragraph of the original section with the following paragraph:

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. 2018. See also § 210.853, RSMo 2016. 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. Although parties are required to file a proposed parenting plan, this “does not tie the court’s hands to acceptance of any of those plans; therefore, they are advisory only.” In re the Marriage of Harris, 446 S.W.3d 320, 330 (Mo. App. S.D. 2014)

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*Ms. Moore received her B.S., 1994, and J.D., 1998, from Saint Louis University. She currently practices with Paule, Camazine & Blumenthal, P.C., in St. Louis.

**Ms. Gearhart received her B.A. from Illinois Wesleyan University, and J.D. from Southern Illinois University. She is an associate with Paule, Camazine & Blumenthal P.C. in St. Louis, Missouri.

***Ms. Jones received her B.A. from Maryville University, and J.D. from St. Louis University. She is an associate with Paule, Camazine & Blumenthal P.C. in St. Louis, Missouri.

(citing Cutting v. Cutting, 39 S.W.3d 540, 542–43 (Mo. App. W.D. 2001)). The parenting plan is not a pleading and does not require 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:

After the enumeration of the three broad categories on page 200, replace the paragraph and statute with the following:

Parenting plans are also...

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