§ Parenting Plan--Part A--Custody of the Children
Parenting Plan--Part A--Custody of the Children
<[Publisher's note: Referenced interactive forms can be accessed at www.selfrepresent.mo.gov]>
EXHIBIT NO. __________
IN THE CIRCUIT COURT OF ____________________________, MISSOURI
(County where court is located)
(If this parenting plan is filed after the
case has been filed, you MUST enter the
Case Number.)
___________ ___________ ___________ ___________
(First) (Middle) (Last) (Jr./Sr./III)
Petitioner/Plaintiff, Case No.________________________
-and-
Division
No.________________________
___________ ___________ ___________ ___________
(First) (Middle) (Last) (Jr./Sr./III)
Respondent/Defendant.
PARENTING PLAN
Part A--Custody of the Children
1. Identification of the Parties
Check one, and only one, of the following two boxes.
[ ]Mother is the Petitioner/Plaintiff. Father is the Respondent/Defendant.
[ ]Father is the Petitioner/Plaintiff. Mother is the Respondent/Defendant.
2. Plan Author(s)
Check all applicable boxes.
[ ]Court
[ ]Mother
[ ]Father
[ ]Guardian ad Litem
[ ]______________________________________________________________________________
3. Names and Ages of Children
Enter the total number of children to whom this parenting plan is applicable: __________. The names and ages of the children (hereinafter referred to simply as “the children”) are as follows:
Full Name of Child Child's Age
4. Duration of Plan
The terms and conditions set forth in this parenting plan shall remain in full force and effect until the children are emancipated or until this plan is modified by a court of competent jurisdiction.
Parenting Plan Part A--Custody--Page 1
Form CAFC501-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
Decisions Concerning the Children
“Joint legal custody” means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority. § 452.375.1(2), RSMo.
5. Types of Decisions
The three types of decisions that parents must make concerning their children are major decisions, daily or everyday decisions, and emergency decisions.
A. Major Decisions
Major decisions are the significant decisions about the children. Major decisions are made by the parent or parents with legal custody. The following are examples of major decisions:
• The choice or change of schools, including college or special tutoring,
• The choice or change of physician, surgeon or dentist,
• Religious instruction, training or education,
• Selection of child care providers,
• Major medical care, surgery, or any medical procedure requiring hospitalization or out-patient surgery,
• Major dental work and orthodontia,
• Psychological or psychiatric treatment or counseling,
• The choice or change of camps or other special or extracurricular activities,
• The extent of any travel away from home,
• Part or full-time employment,
• Purchase or operation of a motor vehicle,
• Contraception and sex education,
• Actual or potential litigation on behalf of the children.
B. Daily or Everyday Decisions
Daily or everyday decisions are routine decisions like minor medical treatment, bedtimes, homework, chores, selection of clothing and normal daily activities.
Daily decisions shall be made by the parent having actual physical custody at the time of the decision. The parents shall cooperate in establishing mutually agreeable policies regarding such decisions in order that routine decisions remain as consistent as possible.
C. Emergency Decisions
Emergency decisions are decisions of an urgent nature. They affect the health and safety of the children and have to be made before it is possible to contact the other parent.
The parent who is with the minor child requiring emergency care may make the emergency decision. The parent making the emergency decision shall advise the other parent of the nature and extent of the emergency as soon as possible.
6. Access to Medical, Dental and Educational Records of the Children
Unless otherwise provided in this parenting plan, both parents are entitled to access to records and information pertaining to the children, including, but not limited to, full and complete medical, dental, and educational records subject to Part A, Paragraph 19.
Parenting Plan Part A--Custody--Page 2
Form CAFC501-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
7. Legal Custody
You must check one and only one of the following four boxes.
[ ]Mother and Father--Joint Legal Custody
It is in the best interests of the children that Mother and Father have joint legal custody of the children. Major decisions shall be made by Mother and Father jointly. If Mother and Father disagree on a major decision they shall resolve their disagreement through the dispute resolution procedure set forth herein.
[ ]Mother--Sole Legal Custody to Mother
It is in the best interests of the children that Mother has sole legal custody of the children. Major decisions affecting the children shall be made by Mother. Mother and Father cannot share joint legal custody because:
(Missouri Law requires a statement of the reasons for a request for no shared decision-making. If you do not enter a reason on this line, the court MUST grant joint legal custody.)
[ ]Father--Sole Legal Custody to Father
It is in the best interests of the children that Father has sole legal custody of the children. Major decisions affecting the children shall be made by Father. Mother and Father cannot share joint legal custody because:
(Missouri Law requires a statement of the reasons for a request for no shared decision-making. If you do not enter a reason on this line, the court MUST grant joint legal custody.)
[ ]Third Party--Sole Legal Custody to Third Party
It is in the best interest of the children that __________ (hereinafter referred to as “Third Party”) has sole legal and sole physical custody of the children. Major decisions affecting the children shall be made by Third Party. Both parents are unfit, unsuitable, or unable to be a custodian of the children or the welfare of the children requires that neither parent have physical custody. (If this box is checked, the same box MUST be checked under Part A, Paragraph 10.)
8. Communication between Parents
Communication between the parents concerning the children may be by any of the following methods:
Check each box that is appropriate in your case.
[ ]In person
[ ]Home telephone
[ ]Work telephone
[ ]Mobile telephone
[ ]Letter via U.S. Postal Service
[ ]Fax
[ ]Via a designated third person. This third person will be __________.
The children shall not be used as messengers.
9. Issues not to be Discussed in the Presence of the Children
Mother and Father shall each refrain from making negative, derogatory or degrading statements about the other parent in front of the children. Both parents shall exercise their best efforts to foster the respect, love and affection of the children toward the other parent. Mother and Father shall avoid discussing parenting issues, financial issues, and other topics related to these proceedings when the children are present.
Mother and Father should prevent other persons from making negative, derogatory or degrading statements about the other parent in the presence of the children.
Parenting Plan Part A--Custody--Page 3
Form CAFC501-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
When the Children Will Be with Each Parent
“Joint physical custody” means an order awarding each of the parents significant but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each of the parents. Joint physical custody shall be shared by the parents in such a way as to assure the child of frequent, continuing and meaningful contact with both parents. § 452.375.1(3), RSMo.
10. Physical Custody
You must check one and only one of the following nine boxes.
[ ]Joint Physical Custody Using Mother's Address--It is in the best interest of the children that Mother and Father have joint physical custody of the children. The address of the children for mailing and educational purposes is the same as that of Mother.
[ ]Joint Physical Custody Using Father's Address--It is in the best interest of the children that Mother and Father have joint physical custody of the children. The address of the children for mailing and educational purposes is the same as that of Father.
[ ]Sole Physical Custody to Mother and Visitation to Father--It is in the best interests of the children that Mother has sole physical custody of the children and that Father have visitation as set forth herein.
[ ]Sole Physical Custody to Father and Visitation to Mother--It is in the best interests of the children that Father has sole physical custody of the children and that Mother have visitation as set forth herein.
[ ]Sole Physical Custody to Mother and Supervised Visitation to Father--It is in the best interests of the children that Mother have sole physical custody of the children and Father have supervised visitation as set forth herein. Unsupervised visitation would endanger the children's physical health or impair their emotional development because:
Visitation will be supervised by __________.
[ ]Sole Physical Custody to Father and Supervised Visitation to Mother--It is in the best interests of the children that Father have sole physical custody of the children and Mother have supervised visitation as set forth herein. Unsupervised visitation would endanger the children's physical health or impair their emotional development because: __________.
Visitation will be supervised by __________.
[ ]Sole Physical Custody to Mother and No Visitation to Father--It is in the best interests of the children that Mother has sole physical custody of the children and Father has no visitation with the children. Visitation would endanger the children's physical health or impair their emotional development. Father shall not have access to records and information pertaining to the children pursuant to § 452.376.1, RSMo.
[ ]Sole Physical Custody to Father and No Visitation to Mother--It is in the best interests of the children that Father has sole physical custody of the children and Mother has no visitation with the children. Visitation would endanger the children's physical health or impair their emotional development. Mother shall not have access to records and information pertaining to the children pursuant to § 452.376.1, RSMo.
[ ]Physical and Legal Custody to a Third Party--It is in the best interest of the children that __________ (hereinafter referred to as “Third Party”) has sole legal and sole physical custody of the children. Both parents are unfit, unsuitable, or unable to be a custodian of the children or the welfare of the children requires that neither parent have physical custody. (If this box is checked, the same box MUST be checked in Part A, Paragraph 7.)
Parenting Plan Part A--Custody--Page 4
Form CAFC501-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
11. Residential Schedules
Mother and Father shall have physical custody of the children as they agree. In the event they do not agree, then Mother and Father shall exchange the children as set forth in the residential schedules.
Each parent shall consider reasonable changes when requested by the other parent or the children. If a significant change is made, either parent may reduce their agreement to writing. All changes are unenforceable unless in writing and signed by both parents.
12. Location of Exchanges
If a specific location for an exchange is not stated on the schedule, then the exchange shall occur at the following location:
You must check one and only one of the following four boxes.
[ ]All exchanges shall occur at the children's school or child care provider.
[ ]All exchanges shall occur at the Mother's Residence.
[ ]All exchanges shall occur at the Father's Residence.
[ ]All exchanges shall occur at __________.
13. Transportation
The parent who has the children takes the children to the exchange location. Each party will pay the expenses associated with his or her own transportation to and from the exchange location unless otherwise indicated in this parenting plan.
14. Notification of Change from Residential Schedule
In the event either parent cannot exercise the scheduled time with the children, he or she should tell the other parent as soon as possible, but not later than 24 hours before the start of the scheduled time with the children. If a parent anticipates that he or she may have to cancel at the last minute, he or she should advise the other parent of the possible last minute conflict. If a parent fails to notify the other as set forth above, he or she shall be responsible for the reasonable costs incurred by the other parent.
15. Telephone Contact with Children
Each parent may contact the children in a reasonable manner when the children are with the other parent. Neither parent shall contact the children at the other parent's residence later than ___. (If this line is left blank, there are no restrictions as to time.) Each parent shall provide the other parent with the telephone number at which the children may be contacted. Neither parent shall configure their telephone system in such a manner as to “block” or prevent the other parent from calling.
When a parent travels with the children, he or she must notify the other parent of the children's destination. He or she must also provide a telephone number where the children can be reached.
16. Children's Activities
Both parents must attempt to accommodate the social and academic commitments of the children during the time the children are with them. Each parent should attempt to refrain from scheduling activities that occur primarily when the children are with the other parent. If an activity will affect the other parent's time with the children, the parent scheduling the activity should obtain the affected parent's permission before committing the children to the activity.
17. Dispute Resolution Procedure
This is the manner in which Mother and Father will resolve disagreements concerning the children. This includes disagreements on the meaning or interpretation of any provision of this plan. Mother and Father shall present their disagreements to a mediator chosen by them for non-binding mediation. In the event that the parents cannot resolve the dispute by mediation, they may submit the issue to the Court through appropriate proceedings.
Additional dispute resolution procedures are as follows:
Parenting Plan Part A--Custody--Page 5
Form CAFC501-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
Other Provisions Concerning the Children
18. Relocation
§ 452.377, RSMo states:
“Absent exigent circumstances as determined by a court with jurisdiction, you as a party to this action are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information:
(1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;
(2) The home telephone number of the new residence, if known;
(3) The date of the intended move or proposed relocation;
(4) A brief statement of the specific reasons for the proposed relocation of the child; and
(5) A proposal for a revised schedule of custody or visitation with the child.
Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give the required notice.”
The residence of the child may be relocated sixty (60) days after providing notice unless a parent files a motion seeking an order to prevent the relocation within thirty (30) days after receipt of notice. Such motion shall be accompanied by an affidavit setting forth the specific factual bases supporting a prohibition of the relocation.
19. Domestic Violence between the Parents
You must check one and only one of the following five boxes.
[ ]There has been no domestic violence between the parents.
[ ]There has been domestic violence by Mother against Father. Any educational records of the children shall not include the address of Father or the children.
[ ]There has been domestic violence by Father against Mother. Any educational records of the children shall not include the address of Mother or the children.
[ ]There has been domestic violence by Mother against Father; however, the educational records of the children may include the address of Father or the children.
[ ]There has been domestic violence by Father against Mother; however, the educational records of the children may include the address of Mother or the children.
20. Pattern of Domestic Violence between the Parents.
You must check one and only one of the following three boxes.
[ ]There has been no pattern of domestic violence by either Mother or Father.
[ ]There has been a pattern of domestic violence by Mother against Father. This parenting plan best protects the children and Father from any further violence.
[ ]There has been a pattern of domestic violence by Father against Mother. This parenting plan best protects the children and Mother from any further violence.
21. Other Custody Provisions
_________________________ _________________________ _________________________
Mother Father Guardian ad Litem
_________________________ _________________________
Attorney for Mother Attorney For Father
Parenting Plan Part A--Custody--Page 6
Form CAFC501-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
Residential Schedules
1. Weekend and Weekday Schedule
Each exchange should be written on the Weekend and Weekday Exchange Schedule. A sample entry for one of the exchanges may be as follows: “5:30 p.m. Father receives children”. This means that at 5:30 p.m., Father will begin a period of time during which the children will be with him.
The last person to receive custody on the Weekend and Weekday Schedule must be different than the first person to receive custody on the schedule because after each two week period, the cycle repeats itself. There is always an even number of exchanges for a two week period.
A sample two week exchange schedule is located on Page 5 of these Residential Schedules.
2. Vacation Schedule
You must select one and only one of the following two options.
[ ]No specific weeks will be set aside for our vacations.
[ ]Each parent may designate ___ week(s) each year during which they will have exclusive physical custody of the children and the regular or special exchange schedules do not apply. Father shall have first choice of weeks in odd-numbered years. Mother will have first choice of weeks in even-numbered years. The parent with the first choice of weeks must designate the vacation weeks by March 31 of each year.
During this period, the holiday schedule still applies. Neither parent can select a week which would deny the other parent of a holiday to which they are entitled.
3. Holidays
A different schedule can apply on holidays. The times each parent will have with the children during the holidays are set forth on the Holiday Exchange Schedule on page 3 of these Residential Schedules.
Include the name of the parent that will have the holiday and how the holiday will be structured. For example, Memorial Day is always on a Monday. Should the Memorial Day holiday begin at 6:00 p.m. on Sunday before Memorial Day? Alternatively, should it include the entire weekend? If the entire weekend is included, then it is possible that one parent may not have a weekend with the children for several weeks.
Holidays and vacations do not alter the “Week One” or “Week Two” designation, but they do apply ahead of the regular schedule. If the holiday schedule conflicts with any other schedule, the holiday schedule takes precedence.
Parenting Plan Part A--Residential Schedules--Page 1
Form CAFC501-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
Weekday and Weekend Exchange Schedule
Enter the parent who is receiving custody and the specified time for each exchange. See page 5 of these Residential Schedules for a sample schedule.
DAY OF WEEK EXCHANGES FOR DAY
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Parenting Plan Part A--Residential Schedules--Page 2
Form CAFC501-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
Holiday Exchange Schedule
Even Odd Physical Custody
Holiday Numbered Numbered
Years Years From To
FATHER or FATHER or MOTHER Time Time
MOTHER
New Year's Eve
New Year's Day
King Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving
Christmas Eve
Christmas Day
Easter
Other Holidays (specify)
Special Occasions (specify)
Halloween
Mother's Day
Father's Day
Mother's Birthday
Father's Birthday
Child's Birthday
Parenting Plan Part A--Residential Schedules--Page 3
Form CAFC501-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
DETERMINATION OF WEEK ONE AND WEEK TWO
Determination of “Week One” or “Week Two” on the Weekday and Weekend Exchange Schedule
For purposes of this Parenting Plan, WEEK ONE is defined as a week that has Sunday on one of the following dates:
[Note: The following table/form is too wide to be printed on a single page. For meaningful review of its contents the table must be assembled with part numbers in ascending order from left to right. Row numbers, which are not part of the original data, have been added in the margins and can be used to align rows across the parts.]
***********************************************************************
************** This is piece: 1
***********************************************************************
1 January 1 2 3 4 5 6 7 15 16
2 February 1 2 3 4 12 13 14 15 16
3 March 1 2 3 4 12 13 14 15 16
4 April 1 9 10 11 12 13 14 15 23
5 May 7 8 9 10 11 12 13 21 22
6 June 4 5 6 7 8 9 10 18 19
7 July 2 3 4 5 6 7 8 16 17
8 August 1 2 3 4 5 13 14 15 16
9 September 1 2 10 11 12 13 14 15 16
10 October 8 9 10 11 12 13 14 22 23
11 November 5 6 7 8 9 10 11 19 20
12 December 3 4 5 6 7 8 9 17 18
***********************************************************************
************** This is piece: 2
***********************************************************************
1 17 18 19 20 21 29 30 31
2 17 18 26 27 28 29
3 17 18 26 27 28 29 30 31
4 24 25 26 27 28 29
5 23 24 25 26 27
6 20 21 22 23 24
7 18 19 20 21 22 30 31
8 17 18 19 27 28 29 30 31
9 24 25 26 27 28 29 30
10 24 25 26 27 28
11 21 22 23 24 25
12 19 20 21 22 23 31
For purposes of this Parenting Plan, WEEK TWO is defined as a week that has Sunday on one of the following dates:
[Note: The following table/form is too wide to be printed on a single page. For meaningful review of its contents the table must be assembled with part numbers in ascending order from left to right. Row numbers, which are not part of the original data, have been added in the margins and can be used to align rows across the parts.]
***********************************************************************
************** This is piece: 1
***********************************************************************
1 January 8 9 10 11 12 13 14 22 23
2 February 5 6 7 8 9 10 11 19 20
3 March 5 6 7 8 9 10 11 19 20
4 April 2 3 4 5 6 7 8 16 17
5 May 1 2 3 4 5 6 14 15 16
6 June 1 2 3 11 12 13 14 15 16
7 July 1 9 10 11 12 13 14 15 23
8 August 6 7 8 9 10 11 12 20 21
9 September 3 4 5 6 7 8 9 17 18
10 October 1 2 3 4 5 6 7 15 16
11 November 1 2 3 4 12 13 14 15 16
12 December 1 2 10 11 12 13 14 15 16
13
***********************************************************************
************** This is piece: 2
***********************************************************************
1 24 25 26 27 28
2 21 22 23 24 25
3 21 22 23 24 25
4 18 19 20 21 22 30 31
5 17 18 19 20 28 29 30 31
6 17 25 26 27 28 29 30
7 24 25 26 27 28 29
8 22 23 24 25 26
9 19 20 21 22 23
10 17 18 19 20 21 29 30 31
11 17 18 26 27 28 29 30
12 24 25 26 27 28 29 30
13
Parenting Plan Part A--Residential Schedules--Page 4
Form CAFC501-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
Weekday and Weekend Exchange Schedule
Enter the parent who is receiving custody and the specified time for each exchange. See page 5 of these Residential Schedules for a sample schedule.
DAY OF WEEK EXCHANGES FOR DAY
Sunday
Monday 5:30 p.m. Dad receives children (Since the parties do not specify an exchange location,
the exchange would occur at the default location in Paragraph 12 in Part A of the
Parenting Plan.)
8:30 p.m. Mom receives children at Mom's house
Tuesday
Wednesday
Thursday (This entry contains a mistake. It is unclear whether it refers to 5:30 a.m. or 5:30 p.m.)
Friday 5:30 Dad receives children at Daycare
Saturday
Sunday 6:00 p.m. Mom receives children at her house
Monday
Tuesday 8:30 p.m. Mom receives children (This entry is also a mistake. Mom already has the
children with her so she can't receive the children. There should always be an even
number of exchanges for any two week period.)
Wednesday
Thursday 5:30 p.m. Dad receives children at Mom's house
8:30 p.m. Mom receives children at Mom's house
(Since Dad is the first parent to receive the children on this schedule, Mom must be the
last parent to receive the children. Mom has the children at the start of this schedule.)
Friday
Saturday
Parenting Plan Part A--Residential Schedules--Page 5
Form CAFC501-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011