Few documents can feel as heavy to write when parents separate or divorce as a parenting plan. This isn’t simply a court form that will get you to the end of your case. This is the framework your family will live inside of for years to come. A St. Louis family lawyer can help you formulate a parenting plan.
In St. Louis, parenting plans are mandatory for cases with minor children, and Missouri courts expect them to be well thought out, detailed, and realistic to serve the best interests of the child. An effective parenting plan can help reduce conflict, create stability, and move everyone forward with certainty. A poorly written one can do the opposite.
Understanding Parenting Plans in Missouri
Parenting plans are crucial because many children do not live with two parents, necessitating the need for a sound plan. In Missouri, 23.5% of children lived in single-parent households between 2019 and 2023. Compared to the previous four years, when 32.8% of children lived in single-parent households, this represented a decrease.
Missouri parenting plans are court orders that set out how two parents will share custody and parenting responsibilities following a separation or divorce. In Missouri, parenting plans typically cover both physical custody, or where the child resides, and legal custody, or how major decisions will be made regarding education, healthcare, and religion.
It’s a misconception that parents must divide everything 50/50. Missouri judges are more interested in what arrangement serves the child’s emotional, physical, and developmental needs than what seems fair to the parents. In that light, parents should make sure their parenting plan is based on reality, not just good intentions.
Begin With a Schedule That Is Realistic
The most common mistake parents make when creating parenting plans is to create a schedule that makes sense on paper but is nearly impossible to actually put in place. A good parenting plan that will hold up to St. Louis family court scrutiny will account for work hours, commute times, school schedules, extracurricular activities, and the age of the child.
For older children, school obligations and social activities take on greater importance. St. Louis judges are likely to give greater weight to a schedule that reflects the actual demands on the parents’ time and the child’s need for consistency.
Make Sure Legal Custody and Decision-Making Is Clear
Legal custody means who will make major decisions for the child. Parents may share legal custody, or one parent may be granted sole legal decision-making authority on certain topics. Successful parenting plans avoid vagueness by clearly stating all details.
Problems arise when the parties disagree later on a decision that was not adequately addressed. Successful parenting plans will include a process for dispute resolution, such as requiring mediation before going to court.
Address Special Days
Parents experience the fiercest disputes during holidays, school breaks, birthdays, and special occasions rather than during typical weeks. A well-drafted parenting plan will address these issues in advance.
Missouri courts look for clarity in holiday schedules, provisions for summer parenting time, and how much notice is required to take a child on vacation. Plans that provide certainty and predictability for the child are favored. When a parenting plan leaves these matters undefined, parents are far more likely to end up in court again for clarification.
Address Transportation
It may seem like a simple detail, but parenting plans should clearly set out how and where custody exchanges between parents will take place. Ambiguity about this arrangement can lead to ongoing issues, especially in situations where parents live far away from each other or have contentious interactions. The plan should include a reasonable arrangement for transporting the child from one parent to the other and back.
This can range from identifying a neutral exchange location, such as a public parking lot, to the practical reality that one parent will usually be responsible for transportation to and from their home. Judges show greater trust in parenting plans that parents demonstrate they created cooperatively and thoughtfully.
About Stange Law Firm, PC
Since its founding in 2007, Stange Law Firm, PC, has dedicated its practice exclusively to divorce and family law due to the tremendous need for attorneys focused on this area. Our multi-state attorneys regularly assist clients with parenting plans and custody matters handled through the St. Louis County Family Court. With offices in multiple states, we are committed to helping families in transition with clarity, compassion, and priority customer service.
FAQs
Q: Is a Parenting Plan Required in Missouri Divorce Cases?
A: Yes. Missouri law mandates that all cases involving minor children, including divorce and custody cases, must include a written parenting plan. The parenting plan must include a custody arrangement, allocation of decision-making authority, and parenting time. No St. Louis court will enter a final order in a case involving children without a court-approved parenting plan meeting statutory requirements.
Q: What Makes an Effective Parenting Plan in Missouri Courts?
A: A well-crafted parenting plan in Missouri is specific, realistic, and child-focused. Missouri judges favor plans with clear schedules, defined decision-making roles, and provisions for holidays, transportation, and communication. Plans that minimize ambiguity and anticipate future challenges are more likely to be approved and less likely to lead to future conflict.
Q: Can Parents Create Their Own Parenting Plan Without Going to Court?
A: Parents may choose to negotiate a parenting plan together, but the plan still needs to be submitted for approval by the court. A judge will review the plan to ensure it has all the required information and that it meets legal standards and is in the child’s best interest, even if the parents agree on the plan. A lawyer can assist with making sure the plan is complete and enforceable.
Q: What Happens if Parents Cannot Agree on a Parenting Plan?
A: If the parents are unable to agree, the court may order mediation or a hearing to resolve custody and parenting time. The judge can adopt one parent’s proposed plan or draft one, based on the evidence produced. Conflicts can raise the expense and the emotional difficulty, so negotiating early, if possible, is useful.
Contact Stange Law Firm, PC, Today
If you are a parent in need of assistance with a strong parenting plan, Stange Law Firm, PC, can help you create one that is fair and has your child’s best interests in mind. Contact us today for a consultation.