Section 8.2 Custody and Visitation

• Library: Family Law (2019 Supp)

II. (§8.2) Custody and Visitation

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

The primary focus of the parenting plan is on the child custody and visitation provisions. Counsel should be familiar with the terms defined in § 452.375, RSMo Supp. 2018. The most common parenting plan provisions include a “joint legal custody” provision for the parties but provides for one parent having “primary physical custody.” The Eastern District, in Morgan v. Morgan, 497 S.W.3d 359 (Mo. App. E.D. 2016), provides detailed discussion and analysis of what qualifies as “joint physical custody.” See also Clark ex rel. Clark v. Ingram, 380 S.W.3d 607, 608 (Mo. App. W.D. 2012); Alberswerth v. Alberswerth, 184 S.W.3d 81, 87 n.3 (Mo. App. W.D. 2006). This “primary” term is not found in the statute and has been declared to be “erroneous.” See LaRocca v. LaRocca, 135 S.W.3d 522 (Mo. App. E.D. 2004) (citing Loumiet v. Loumiet, 103 S.W.3d...