MISSOURI CHILD CUSTODY & PARENTING PLAN AGREEMENT

(Comprehensive Template – Court-Ready Draft)

[// GUIDANCE: This template is intentionally expansive to accommodate a wide variety of parenting arrangements. Practitioners should delete inapplicable provisions and tailor bracketed placeholders before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Legal Custody
   3.2 Physical Custody & Parenting Time Schedule
   3.3 Decision-Making Protocol
   3.4 Transportation & Exchange Logistics
   3.5 Communication & Electronic Access
   3.6 Right of First Refusal
   3.7 Relocation
   3.8 Child Support & Extraordinary Expenses
   3.9 Insurance & Tax Matters
   3.10 Notices
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title & Parties
This Missouri Child Custody & Parenting Plan Agreement (the “Agreement”) is entered into by and between [Parent A Full Legal Name], residing at [Address] (“Parent A”), and [Parent B Full Legal Name], residing at [Address] (“Parent B”, together with Parent A, the “Parties”).

1.2 Recitals
WHEREAS, the Parties are the natural/legal parents of the minor child(ren) identified below (each, a “Child” and, collectively, the “Children”):
• [Child 1 Full Legal Name], born [DOB]
• [Child 2 Full Legal Name], born [DOB]
[Add lines as needed]

WHEREAS, the Parties desire to settle all issues relating to legal custody, physical custody, parenting time, and related matters in the best interests of the Children;

NOW, THEREFORE, in consideration of the mutual promises herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows.

1.3 Effective Date & Jurisdiction
This Agreement becomes effective on [Effective Date] (the “Effective Date”) and shall be governed by and construed in accordance with the family laws of the State of Missouri and the rules of the [County] Circuit Court, Family Division (the “Court”).

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Terms defined herein apply equally to singular and plural forms.

“Agreement” – This Missouri Child Custody & Parenting Plan Agreement, including all schedules and exhibits.

“Court” – The Circuit Court of [County], State of Missouri, Family Division, or any successor court exercising jurisdiction over matters relating to the Children.

“Holiday Parenting Schedule” – The allocation of parenting time on federal, state, school, religious, and personal holidays, as detailed in Section 3.2(d).

“Legal Custody” – The right and responsibility to make major decisions regarding the Children, including but not limited to education, healthcare, and religious upbringing.

“Parenting Time” – Scheduled periods when a parent has physical custody of the Children.

“Physical Custody” – The routine, daily care and control of the Children.

“Relocation” – A change in a Child’s principal residence for a period of ninety (90) days or more, excluding a temporary absence for purposes of vacation, education, or health care.

“School Year Schedule” – The Parenting Time schedule in effect during the Children’s academic year, as delineated in Section 3.2(b).

[Add additional definitions as required.]

3. OPERATIVE PROVISIONS

3.1 Legal Custody

(a) Joint Legal Custody. The Parties shall share joint legal custody of the Children, consistent with Missouri’s statutory best-interest factors, thereby conferring equal rights and responsibilities for major decisions.
(b) Consultation Requirement. Except in bona fide emergencies, the Parties shall confer in good faith and reach mutual agreement before any major decision is implemented.
(c) Tie-Breaker Procedure. If the Parties cannot reach agreement after reasonable efforts, the dispute shall be submitted to the Parenting Coordinator or mediator under Section 8 before either Party seeks court intervention.

3.2 Physical Custody & Parenting Time Schedule

(a) General Framework. Parenting Time shall be allocated to maximize the Children’s frequent, continuing, and meaningful contact with both parents, subject to the detailed schedules below.

(b) School Year Schedule
• Week-On/Week-Off Rotation beginning each [Day of Week] at [Time]; OR
• [Alternative schedule – e.g., 5-2-2-5]
[// GUIDANCE: Retain only the selected schedule and delete alternatives.]

(c) Summer Schedule
• Each parent shall have two non-consecutive weeks of uninterrupted vacation Parenting Time, with at least thirty (30) days’ written notice to the other parent.

(d) Holiday Parenting Schedule
1. Thanksgiving: Even-numbered years with Parent A; odd-numbered years with Parent B, commencing [Day/Time] and concluding [Day/Time].
2. Winter/Christmas Break: Divided evenly; Parent A receives the first half in even years, and Parent B receives the first half in odd years.
3. Children’s Birthdays: Parenting Time shall be shared or alternated annually as follows: [Specify].
4. Mother’s Day/Father’s Day: Awarded to the parent honored by the holiday, regardless of the regular schedule.

(e) Make-Up Parenting Time. Missed time due to a parent’s unavoidable work, illness, or emergency shall be rescheduled within thirty (30) days at the requesting parent’s option.

3.3 Decision-Making Protocol

(a) Education, non-emergency medical/dental, and extracurricular enrollment decisions require joint written consent.
(b) Routine day-to-day matters are governed by the parent exercising Physical Custody at the time.
(c) Each parent shall maintain and promptly share complete copies of academic and medical records.

3.4 Transportation & Exchange Logistics

(a) Pick-Up/Drop-Off Mode: The receiving parent shall provide transportation unless otherwise agreed.
(b) Location: Exchanges occur at [Designated Location] or the child’s school/daycare when practicable.
(c) Delay Protocol: A parent delayed more than fifteen (15) minutes must notify the other parent immediately and provide an updated estimated arrival time.

3.5 Communication & Electronic Access

(a) Each parent and Child may enjoy reasonable phone, video, and electronic contact during non-custodial periods.
(b) Neither parent shall monitor or record communications absent court order or statutory authority.

3.6 Right of First Refusal

If either parent requires childcare for a continuous period exceeding [X] hours, that parent must first offer the other parent the opportunity to care for the Children before engaging a third-party caregiver.

3.7 Relocation

(a) Statutory Notice. A parent intending to relocate shall provide the other parent with written notice at least sixty (60) days before the proposed move, specifying:
1. Planned address;
2. Telephone number;
3. Reason for relocation;
4. Proposed revised Parenting Time schedule.
(b) Objection. The non-relocating parent must file any objection with the Court within thirty (30) days of receipt of the notice.
(c) Temporary Orders. Pending final resolution, the current schedule remains in effect unless modified by written agreement or court order.

3.8 Child Support & Extraordinary Expenses

(a) Base child support shall be determined separately under Missouri Form 14 guidelines and memorialized in a companion order.
(b) Extraordinary Expenses (uninsured medical, extracurricular, tutoring, etc.) shall be shared [Percentage Split] and reimbursed within fourteen (14) days of documented request.

3.9 Insurance & Tax Matters

(a) Health Insurance: [Parent Responsible] shall maintain comprehensive medical, dental, and vision coverage for the Children.
(b) Tax Exemptions: The Parties shall alternate claiming the Children as dependents for federal and state tax purposes, with Parent A claiming in even years and Parent B in odd years, provided the claiming parent is current on child support obligations as of December 31.

3.10 Notices

All notices required by this Agreement must be in writing and delivered by (i) personal hand delivery, (ii) certified U.S. mail, return receipt requested, or (iii) email with read receipt, to the addresses set forth in Section 1.1 or such other address as a Party may designate in writing.

4. REPRESENTATIONS & WARRANTIES

4.1 Each Party represents and warrants that:
(a) He or she has full legal capacity and authority to enter into and perform this Agreement;
(b) No pending bankruptcy, criminal restraining order, or other legal impediment exists that would materially interfere with performance;
(c) All statements herein are true, correct, and complete to the best of that Party’s knowledge.

4.2 Survival. The representations and warranties contained in this Section shall survive the execution and delivery of this Agreement.

5. COVENANTS & RESTRICTIONS

(a) Non-Disparagement. Neither parent shall speak negatively about the other parent in the presence or hearing of the Children.
(b) Substance Use. The Parties shall refrain from consuming alcohol or illicit substances during Parenting Time or within twelve (12) hours preceding the same.
(c) Firearms. All firearms shall be stored unloaded and locked in a secure location inaccessible to the Children.
(d) Health & Safety Compliance. The Parties shall ensure the Children’s compliance with age-appropriate vaccinations and health-care recommendations unless otherwise mutually agreed in writing.

6. DEFAULT & REMEDIES

6.1 Events of Default
(a) Failure to comply with any Parenting Time schedule without good cause;
(b) Withholding the Children contrary to the terms of this Agreement;
(c) Breach of any covenant materially affecting child welfare.

6.2 Notice & Cure
Except where immediate court intervention is necessary to protect the Children, a non-breaching parent shall provide written notice of default and a seven (7) day opportunity to cure.

6.3 Remedies
(a) Contempt proceedings, compensatory Parenting Time, make-up access, and reimbursement of attorney’s fees and costs;
(b) Modification of custody and Parenting Time allocations consistent with the Children’s best interests;
(c) Any other relief available under Missouri family law.

7. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority

Each parent (“Indemnifying Parent”) shall indemnify, defend, and hold harmless the other parent (“Indemnified Parent”) from and against any claims, liabilities, damages, or expenses (including reasonable attorney’s fees) arising out of or resulting from the Indemnifying Parent’s breach of this Agreement or conduct that endangers the Children’s health, safety, or welfare.

7.2 Limitation of Liability

Not applicable. Nothing herein shall restrict the Court’s authority to make orders in the Children’s best interests.

7.3 Force Majeure

Parenting Time missed due to severe weather, natural disaster, or similar exigent circumstance shall be rescheduled as mutually agreed or, failing agreement, by the Court.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement is governed by Missouri family law.

8.2 Forum Selection
Exclusive jurisdiction and venue lie with the Circuit Court of [County], Missouri, Family Division.

8.3 Mediation Requirement
Except in emergencies, the Parties shall mediate any dispute arising under this Agreement with a certified family mediator before filing any motion with the Court. Costs shall be shared equally unless the mediator allocates otherwise.

8.4 Arbitration
Binding arbitration is unavailable for core custody issues under Missouri law; however, the Parties may agree in writing to arbitrate discrete financial matters ancillary to this Agreement.

8.5 Jury Waiver
Custody matters are tried to the Court; no jury right is available or waived.

8.6 Injunctive Relief
Nothing in this Section limits either parent’s right to seek immediate injunctive relief from the Court to protect the Children’s welfare or to preserve the status quo pending mediation or further order.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver
No amendment or waiver of any provision shall be effective unless in writing, signed by both Parties, and, where required, approved by the Court.

9.2 Assignment & Delegation
Parental rights and obligations are personal and non-assignable absent court order.

9.3 Successors & Assigns
This Agreement binds and inures to the benefit of the Parties and their respective heirs and legal representatives.

9.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.

9.5 Entire Agreement
This document constitutes the entire understanding between the Parties concerning the subject matter and supersedes all prior agreements, whether oral or written.

9.6 Counterparts & Electronic Signatures
This Agreement may be executed in several counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, e-signature platform) are deemed original for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[Optional Notary Acknowledgment Blocks – insert if local rule or judge requires notarization.]

[// GUIDANCE: Upon execution, file this Agreement with the Court using the appropriate Missouri Family Court cover sheet and include a proposed Judgment/Order for the judge’s signature, attaching this Parenting Plan as Exhibit “A.”]