Child Custody Agreement - Missouri

MISSOURI PROPOSED CHILD CUSTODY AND PARENTING PLAN

1. Case and Filing Profile

As of August 9, 2026, the version of § 452.310 effective August 28, 2016 remains current through August 27, 2026. A future version becomes effective August 28, 2026 through H.B. 1908 and H.B. 2337. Counsel must use the version effective on the filing date. The parenting-plan content in subsection 8 is unchanged in the published future version, but the complete statute must still be rechecked.

2. Parents and Children

3. Missouri Custody Framework

Under § 452.375(1), joint legal custody means shared decision-making rights, responsibilities, and authority relating to health, education, and welfare, with consultation unless rights are otherwise allocated. Joint physical custody means significant, but not necessarily equal, periods that assure frequent, continuing, and meaningful contact.

Section 452.375(2) requires custody to be determined in the child's best interests and creates a rebuttable presumption that equal or approximately equal parenting time is in the child's best interests. The presumption and all relevant statutory factors remain for the court; this proposal does not guarantee approval.

Proposed Custody Designation

Legal custody:

☐ Joint legal custody

☐ Sole legal custody to Parent A; reasons and best-interest evidence: [________________________________]

☐ Sole legal custody to Parent B; reasons and best-interest evidence: [________________________________]

Physical custody:

☐ Joint physical custody

☐ Sole physical custody to Parent A, with the access plan below

☐ Sole physical custody to Parent B, with the access plan below

Address for mailing and educational purposes: [PARENT / ADDRESS]

4. Best-Interest and Safety Record

The parties and counsel have considered the current § 452.375(2) factors, including:

☐ Each parent's wishes and proposed plan

☐ The child's need for frequent, continuing, and meaningful relationships and each parent's ability and willingness to perform parenting functions

☐ The child's relationships with parents, siblings, and other significant people

☐ Which parent is more likely to allow meaningful contact with the other parent

☐ The child's adjustment to home, school, and community

☐ Mental and physical health and any history of abuse

☐ Any intended relocation

☐ The child's unobstructed input, free of coercion and manipulation

Facts supporting this proposal and any departure from equal or approximately equal time:

[____________________________________________________________]

Safety terms, supervised access, exchange safeguards, or protected information requested:

[____________________________________________________________]

Do not use ordinary dispute-resolution or direct-contact terms where a protection order, domestic violence, abuse, stalking, coercive control, or other safety circumstance makes them inappropriate. The court must make the findings and protective orders current law requires.

5. Residential Schedule — § 452.310(8)(1)

Regular Weekday and Weekend Schedule

Holidays and Special Days

School Breaks and Vacations

Transfers, Transportation, and Telephone Access

No optional notice period, make-up time, right of first refusal, or transportation default applies unless completed here and approved by the court.

6. Legal Custody and Decision-Making — § 452.310(8)(2)

Communication procedures and current contact access: [________________________________]

Disagreement procedure: [________________________________]

☐ Direct consultation

☐ Counsel-assisted negotiation

☐ Mediation if safe, available, and not prohibited by an order

☐ Motion to the court

No mediator or parenting coordinator receives binding authority unless a current court order and governing law provide it. Nothing here delays emergency court relief or relief needed to protect a child or person.

If no shared decision-making is proposed, § 452.310(8)(2)(g) calls for reasons:

[____________________________________________________________]

7. Child Support, Insurance, and Expenses — § 452.310(8)(3)

This section is a proposal and worksheet reference. Child support must be calculated and ordered through the applicable current Missouri process; custody labels do not eliminate support.

Tax filing, dependency, benefits, public assistance, and third-party reimbursement issues are not resolved by a generic alternating-year clause. Any tax provision must be separately reviewed and completed: [________________________________].

8. Records, Communication, and Conduct

Subject to safety orders and lawful restrictions, the parties propose:

☐ Prompt exchange of school, health, activity, and emergency information

☐ Access to records as provided by the court's order and current law

☐ Use of this communication channel: [________________________________]

☐ Neither parent will use the child to transmit hostile messages or obtain information

☐ Neither parent will make disparaging statements to or within hearing of the child

☐ Substance, firearm, health, travel, or other safety term specifically supported by the child's circumstances: [________________________________]

The plan does not create indemnity between parents, monetary penalties, automatic custody modification, or a private cure period. Enforcement and modification remain subject to the court's authority and current law.

9. Relocation — § 452.377

Section 452.377 defines relocation as a change in the child's principal residence for ninety days or more, excluding a temporary absence. Absent court-determined exigent circumstances, written notice of a proposed relocation of the child or a party entitled to custody or visitation must be sent by certified mail, return receipt requested, at least sixty days in advance to each party with custody or visitation rights.

The notice must include:

☐ Intended new residence, including specific and mailing address if known, or the city if not known

☐ Home telephone number of the new residence, if known

☐ Intended move / relocation date

☐ Brief specific reasons for the proposed relocation of a child, if applicable

☐ Proposed revised custody or visitation schedule, if applicable

☐ Notice of a parent's right to file, within thirty days after receipt, a motion to prevent relocation with an affidavit stating the specific good-faith factual basis

The relocating party has a continuing duty to update required information. Under § 452.377(8), relocation may occur sixty days after proper notice unless a parent timely files the motion; the relocating person then files the response, counter-affidavit, and proposed revised parenting plan within fourteen days unless extended for good cause. Address-confidentiality and exceptional health/safety protections in subsections (3) and (5) must be followed.

This parenting plan does not waive the statutory relocation process. A revised agreement may be submitted with the signed affidavit described in § 452.377(7), but court action remains required.

10. Court Submission and Effect

Under § 452.375(9), a custody judgment must include a specific written parenting plan. A submitted plan may be used, but the court retains discretion and must approve a plan in the child's best interests.

Until incorporated into a signed court judgment or order, this document is a proposal and evidence of the parties' requested arrangements; it is not represented as independently establishing or modifying custody, visitation, child support, or relocation rights.

Requested effective date of court-approved plan: [__/__/____]

11. Signatures

The signing parties confirm that the completed proposal reflects their present request, that they have disclosed safety and existing-order issues to counsel, and that they understand court approval is required.

Parent A

Signature: ________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Parent B

Signature: ________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Counsel / Reviewer

Signature: ________________________________________

Printed name / Missouri Bar No.: [________________________________]

Date: [__/__/____]

Sources and References

• Mo. Rev. Stat. § 452.310 — current version effective August 28, 2016 through August 27, 2026 (official Revisor; version bid=33222)
• Mo. Rev. Stat. § 452.310 — future version effective August 28, 2026 (official Revisor)
• Mo. Rev. Stat. § 452.375 (official Revisor; effective August 28, 2024)
• Mo. Rev. Stat. § 452.377 (official Revisor; effective August 28, 2019)