Missouri Custody Modification Agreement

AGREEMENT TO MODIFY CUSTODY DECREE

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

Case No.: [________________________________]

Division: [____]

In Re the [____] of:

[________________________________], Petitioner

and

[________________________________], Respondent

STIPULATED AGREEMENT TO MODIFY CUSTODY AND PARENTING PLAN

COME NOW the parties, [________________________________] ("Mother" / "Father") and [________________________________] ("Mother" / "Father"), and for their Stipulated Agreement to Modify the existing Judgment and Parenting Plan entered on [__/__/____], state as follows:

I. JURISDICTIONAL AND PROCEDURAL BASIS

A. Original Judgment

1. The Court entered its [____] Judgment of Dissolution of Marriage / Judgment of Paternity / Order Establishing Custody on [__/__/____] in Case No. [________________________________] (the "Original Judgment").

2. The Original Judgment incorporated a Parenting Plan designating custody as follows:
   - Legal Custody: ☐ Joint Legal ☐ Sole Legal to [________________________________]
   - Physical Custody: ☐ Joint Physical ☐ Sole Physical to [________________________________]

3. The Original Judgment was entered by the Circuit Court of [________________________________] County, Missouri, [____] Judicial Circuit.

B. Statutory Authority for Modification

4. Pursuant to RSMo § 452.410, the Court may modify a prior custody decree upon finding that a change has occurred in the circumstances of the child or the child's custodian, and that the modification is necessary to serve the best interests of the child. The change must be based on facts that have arisen since the prior decree or were unknown to the Court at the time of the prior decree.

5. Missouri law does not require a "substantial" change in circumstances when the modification sought is a rearrangement of the joint physical custody schedule. However, a transfer of primary custody from one parent to the other requires a showing of changed circumstances warranting such modification.

6. Pursuant to RSMo § 452.410.2, if either parent files a motion to modify an award of joint legal custody or joint physical custody, each party shall be entitled to a change of judge as provided by Supreme Court Rule.

C. Parenting Plan Requirement

7. Pursuant to RSMo § 452.310.8, each party must submit a proposed parenting plan within thirty (30) days after service of process or filing of entry of appearance in a motion to modify involving custody or visitation. The parties have complied with this requirement by filing this Stipulated Agreement.

D. Parenting Education Compliance

8. ☐ Both parties have completed, or will complete prior to final hearing, the court-ordered parenting education program as required by local court rule, including:
   - ☐ Focus on Kids (FOK) through MU Extension
   - ☐ FOCIS (Focus on Children in Separation) — required in Jackson County (16th Judicial Circuit)
   - ☐ Other approved program: [________________________________]

II. CHANGED CIRCUMSTANCES

A. Statement of Changed Circumstances

9. Since the entry of the Original Judgment, the following material changes in circumstances have occurred that make modification necessary to serve the best interests of the child(ren):

☐ Change in parent's employment or work schedule: [________________________________]

☐ Relocation or proposed relocation of a parent (see Section VII regarding RSMo § 452.377 requirements): [________________________________]

☐ Change in child's educational needs: [________________________________]

☐ Change in child's health or therapeutic needs: [________________________________]

☐ Child's expressed preferences regarding custodial arrangement (RSMo § 452.375.2(8)): [________________________________]

☐ Change in parent's living situation or household composition: [________________________________]

☐ Failure by a parent to comply with the existing Parenting Plan: [________________________________]

☐ Domestic violence or safety concerns (RSMo § 452.375.2(6); § 455.010 et seq.): [________________________________]

☐ Other: [________________________________]

B. Impact on Best Interest Factors

10. The parties acknowledge that the changed circumstances described above affect the following statutory best interest factors under RSMo § 452.375.2:

(1) The wishes of the child's parents as to custody and the proposed parenting plan

(2) The needs of the child for a frequent, continuing, and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father

(3) The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests

(4) Which parent is more likely to allow the child frequent, continuing, and meaningful contact with the other parent

(5) The child's adjustment to the child's home, school, and community

(6) The mental and physical health of all individuals involved, including any history of abuse

(7) The intention of either parent to relocate the principal residence of the child

(8) The wishes of the child as to the child's custodian, based on the child's age and maturity

III. MODIFIED CUSTODY DESIGNATION

A. Legal Custody

11. Legal custody shall be modified as follows:

☐ Joint Legal Custody (Presumed Under Missouri Law). Pursuant to the public policy of the State of Missouri as declared in RSMo § 452.375.4, both parents shall share joint legal custody. Neither parent's rights shall be superior to those of the other regarding matters of education, healthcare, religious training, and other major decisions. The parents shall confer and attempt to reach agreement on all major decisions. If they cannot agree, the dispute resolution procedures in Section IX shall apply.

☐ Sole Legal Custody to [________________________________]. The Court finds that the presumption of joint legal custody is rebutted by a preponderance of the evidence due to: [________________________________]. The designated parent shall have the exclusive right and responsibility to make major decisions concerning the child(ren)'s health, education, and welfare.

B. Physical Custody

12. Physical custody shall be modified as follows:

☐ Equal or Approximately Equal Parenting Time (Presumed Under Missouri Law). Pursuant to RSMo § 452.375.4, there is a rebuttable presumption that an award of equal or approximately equal parenting time to each parent is in the best interests of the child. The parties agree to the following schedule providing equal or approximately equal time:

[________________________________]

☐ Unequal Parenting Time. The parties agree, or the Court finds, that the presumption of equal parenting time is rebutted by a preponderance of the evidence. Primary physical custody shall reside with [________________________________], and the other parent shall have parenting time as set forth in the Modified Parenting Plan attached as Exhibit A.

☐ Sole Physical Custody to [________________________________]. The presumption of equal parenting time is rebutted due to: [________________________________].

IV. MODIFIED PARENTING TIME SCHEDULE

A. Regular Schedule

13. The regular parenting time schedule is modified as follows, effective [__/__/____]:

Mother's Parenting Time:
[________________________________]
[________________________________]
[________________________________]

Father's Parenting Time:
[________________________________]
[________________________________]
[________________________________]

B. Holiday Schedule Modifications

14. The following holidays are modified from the Original Judgment:

All holiday allocations not specifically modified herein remain as set forth in the Original Judgment.

C. Summer and School Break Modifications

15. ☐ Summer parenting time is modified as follows: [________________________________]

☐ Winter break is modified as follows: [________________________________]

☐ Spring break is modified as follows: [________________________________]

☐ No changes to school break schedule.

D. Exchange Locations and Transportation

16. Exchanges shall take place at: [________________________________]

17. Transportation responsibilities: [________________________________]

V. MODIFIED DECISION-MAKING

A. Major Decision Categories

18. Decision-making authority is modified as follows:

B. Emergency Decisions

19. The parent exercising parenting time may make emergency medical decisions when immediate action is required. That parent shall notify the other parent as soon as practicable, and in no event later than twenty-four (24) hours after the emergency.

VI. CHILD'S PREFERENCES (IF APPLICABLE)

20. ☐ Not applicable — child(ren) too young for meaningful input.

☐ Pursuant to RSMo § 452.375.2(8), the Court may consider the wishes of the child as to the child's custodian. The child(ren) [________________________________] (age [____]) has/have expressed the following preferences regarding custody: [________________________________]. The parties have considered the child's input along with all statutory best interest factors.

21. ☐ A Guardian Ad Litem has been appointed pursuant to RSMo § 452.423 to represent the child(ren)'s interests. The GAL's recommendation is: [________________________________].

☐ No Guardian Ad Litem has been appointed.

VII. RELOCATION PROVISIONS

22. If either party proposes to relocate the principal residence of the child(ren) for a period of ninety (90) days or more, the relocating party must comply with RSMo § 452.377, including:

a. Provide written notice by certified mail, return receipt requested, at least sixty (60) days before the proposed relocation;

b. The notice must include:

• The intended new residence address (or city if specific address is unknown);
• The home telephone number of the new residence, if known;
• The date of the intended move;
• A brief statement of the specific reasons for the proposed relocation;
• A proposal for a revised schedule of custody or parenting time;

c. The non-relocating parent has thirty (30) days from receipt of notice to file a motion seeking an order to prevent relocation;

d. The party seeking to relocate bears the burden of proving that the proposed relocation is made in good faith and is in the best interest of the child;

e. Failure to provide proper notice may result in: (i) the Court ordering return of the child; (ii) modification of custody and parenting time; and (iii) an award of reasonable expenses and attorney's fees against the relocating party.

VIII. DOMESTIC VIOLENCE CONSIDERATIONS

23. ☐ Neither party has a history of domestic violence or abuse, and no orders of protection have been entered under RSMo § 455.010 et seq. (the Adult Abuse Act).

☐ The following domestic violence history is relevant to this modification:
[________________________________]

Pursuant to RSMo § 452.375.2(6), the Court must consider the mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the Court finds that a pattern of domestic violence has occurred, the presumption of equal parenting time under RSMo § 452.375.4 may be rebutted.

IX. DISPUTE RESOLUTION

A. Good-Faith Communication

24. The parties shall first attempt to resolve disputes regarding the child(ren) through direct, respectful communication.

B. Mediation

25. If direct communication fails, before filing any motion with the Court, the parties shall participate in mediation with a qualified family mediator. Mediation costs shall be divided: ☐ Equally ☐ [____]% Mother / [____]% Father ☐ As ordered by the Court.

C. Guardian Ad Litem

26. Pursuant to RSMo § 452.423, the Court may appoint a Guardian Ad Litem at any stage of these proceedings. The Court shall appoint a GAL in any proceeding in which child abuse or neglect is alleged. GAL fees shall be set by the Court and allocated between the parties.

D. Court Jurisdiction

27. The Circuit Court of [________________________________] County, Missouri, [____] Judicial Circuit, retains continuing and exclusive jurisdiction over this matter.

X. PROVISIONS REMAINING IN EFFECT

28. All provisions of the Original Judgment and incorporated Parenting Plan not specifically modified herein remain in full force and effect, including but not limited to:

☐ Child support obligations
☐ Health insurance provisions
☐ Tax dependency exemption allocation
☐ Non-disparagement provisions
☐ Access to records (RSMo § 452.375.10 — both parents entitled to access child's records)
☐ Other: [________________________________]

XI. REPRESENTATIONS

29. Each party represents that:

a. This Agreement is entered into voluntarily, without coercion or duress;

b. Each party has had the opportunity to consult with independent legal counsel;

c. The modification serves the best interests of the child(ren) under RSMo § 452.375.2;

d. Each party has made full and fair disclosure of all material facts relevant to this modification;

e. No criminal charges, child protective services investigations, or orders of protection are pending that have not been disclosed herein;

f. Each party understands that this Agreement, once approved by the Court, becomes a binding court order enforceable by contempt proceedings under Missouri law.

XII. EXECUTION AND COURT APPROVAL

WHEREFORE, the parties respectfully request that the Court approve this Stipulated Agreement to Modify and incorporate its terms into a modified Judgment and Parenting Plan.

[________________________________]
Petitioner / ☐ Mother ☐ Father

Signature: _________________________________

Date: [__/__/____]

Address: [________________________________]

Telephone: [________________________________]

[________________________________]
Respondent / ☐ Mother ☐ Father

Signature: _________________________________

Date: [__/__/____]

Address: [________________________________]

Telephone: [________________________________]

ATTORNEYS

Attorney for Petitioner:

[________________________________], Mo. Bar No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Address)

[________________________________] (City, State, ZIP)

Telephone: [________________________________]

Email: [________________________________]

Signature: _________________________________

Attorney for Respondent:

[________________________________], Mo. Bar No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Address)

[________________________________] (City, State, ZIP)

Telephone: [________________________________]

Email: [________________________________]

Signature: _________________________________

ORDER OF THE COURT

The Court, having reviewed the foregoing Stipulated Agreement to Modify and the accompanying Modified Parenting Plan, and having considered the best interest factors set forth in RSMo § 452.375.2, finds:

1. The Court has jurisdiction pursuant to RSMo § 452.410;
2. A change in circumstances has occurred since the Original Judgment;
3. The proposed modification is in the best interests of the child(ren);
4. The parties have entered into this Agreement voluntarily and with knowledge of its terms;
5. The parties have complied with the parenting plan submission requirements of RSMo § 452.310.8;
6. ☐ The parties have completed the required parenting education program;
7. ☐ A Guardian Ad Litem was appointed and has submitted a report / ☐ No GAL was necessary.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Stipulated Agreement to Modify is approved and incorporated into this Order, which shall constitute a modification of the Original Judgment.

Date: [__/__/____]

_________________________________
Judge / Commissioner
Circuit Court of [________________________________] County, Missouri
[____] Judicial Circuit

SOURCES AND REFERENCES

• RSMo § 452.375 — Custody definitions, best interest factors, rebuttable presumption of equal parenting time (effective August 28, 2023)
• RSMo § 452.410 — Modification of custody decrees; changed circumstances standard
• RSMo § 452.377 — Relocation of a child; 60-day notice requirement
• RSMo § 452.423 — Guardian Ad Litem appointment and duties
• RSMo § 452.310.8 — Mandatory parenting plan submission
• RSMo § 455.010 et seq. — Missouri Adult Abuse Act
• Missouri Supreme Court Rules — Change of judge procedures
• Missouri Courts Parenting Plan Guidelines: https://www.courts.mo.gov/file.jsp?id=92713
• 16th Judicial Circuit (Jackson County) — FOCIS program: https://www.16thcircuit.org/focis-on-children-in-separation
• MU Extension Focus on Kids: https://extension.missouri.edu/programs/focus-on-kids