There are two types of custody in the state of Missouri, LEGAL custody and PHYSICAL custody.
Legal custody refers to the right and responsibility to make major decisions about a child’s life — education, healthcare, religious upbringing, and extracurricular activities. Missouri courts strongly favor joint legal custody, meaning both parents share decision-making authority.
Physical custody refers to where the child actually lives. Missouri courts strongly favor joint legal custody and begin with a presumption that each parent shall have custody 50% of the time.
Parenting Plan Requirements
Any order related to custody of a minor child in Missouri requires the entry of Parenting Plan. And each parenting plan in Missouri must contain specific elements. A valid parenting plan must address:
Legal Custody – who can make the important life decisions for the child, including medical decisions, religious decisions, educational decisions, and other important milestone decisions such as obtaining a driver’s license or getting a job as a teenager.
Physical Custody – the amount of time (and schedule) the child will spend with each parent, including when and when custody exchanges will take place, transportation, holidays, vacations, childcare, and where the child will go to school.
Support – will one parent owe the other child support, how much, how will it be paid, how the parents will divide other expenses not included in child support, who will carry insurance on the child, and who will claim the child on taxes.
Required legal considerations – such as notification requirements for either parent relocating a residence and procedures for resolving future disputes.
While the courts strongly prefer the parents reach agreements on these elements and put in place a plan that benefits both them and the child, if the parents cannot agree on a parenting plan, the court will order one. However, the court can only order a straightforward parenting plan with no frills. If the parents want special conditions, such as a unique custody schedule, a holiday schedule that is different from the standard, or provisions such as “first right of refusal” for custody, they will have to agree. Parents cannot get those elements or other alternative language if the court orders the plan after hearing evidence.
You can find more information on each element of the Missouri Parenting Plan and options for custody schedules and other crucial decision in our course on parenting plans.