Missouri Joint Custody Agreement

JOINT CUSTODY AGREEMENT AND PARENTING PLAN

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

[____] JUDICIAL CIRCUIT

Case No.: [________________________________]

Division: [____]

In Re the [____] of:

[________________________________], Petitioner

and

[________________________________], Respondent

STIPULATED JOINT CUSTODY AGREEMENT

COME NOW the parties, [________________________________] ("Mother") and [________________________________] ("Father"), and for their Stipulated Joint Custody Agreement and Parenting Plan pursuant to RSMo § 452.375 and RSMo § 452.310.8, state as follows:

I. MISSOURI STATUTORY FRAMEWORK FOR JOINT CUSTODY

A. Public Policy Declaration

1. The State of Missouri declares as public policy that it is in the best interests of children to have frequent, continuing, and meaningful contact with both parents after separation, and that both parents shall be encouraged to participate in decisions affecting the health, education, and welfare of their children (RSMo § 452.375.4).

B. Rebuttable Presumption of Equal Parenting Time

2. Effective August 28, 2023, Missouri law establishes a rebuttable presumption that an award of equal or approximately equal parenting time to each parent is in the best interests of the child (RSMo § 452.375.4). This presumption may be rebutted only by a preponderance of the evidence that equal time would not serve the child's best interests, or if both parents agree to an alternative arrangement, or if a pattern of domestic violence exists.

C. Custody Definitions Under Missouri Law

3. Under RSMo § 452.375.1:

"Joint legal custody" means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education, and welfare of the child, and that neither parent's rights shall be superior except on a specific issue as set forth in a court order.

"Joint physical custody" means an order awarding each of the parents significant, but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each of the parents. Joint physical custody shall be shared by the parents in such a way as to assure the child of frequent, continuing, and meaningful contact with both parents.

D. Best Interest Factors

4. The parties acknowledge that the Court must consider the following factors under RSMo § 452.375.2:

(1) The wishes of the child's parents as to custody and the proposed parenting plan submitted by both parties;
(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 for the needs of the child;
(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 of any individuals involved;
(7) The intention of either parent to relocate the principal residence of the child;
(8) The wishes of a child as to the child's custodian. The fact that a parent sends his or her child or children to a home school shall not be the sole factor that a court considers in determining custody of such child or children.

II. PARTIES AND CHILDREN

A. Identification

5. Mother: [________________________________]
   Address: [________________________________]
   Telephone: [________________________________]
   Email: [________________________________]

6. Father: [________________________________]
   Address: [________________________________]
   Telephone: [________________________________]
   Email: [________________________________]

B. Children

7. The parties are the parents of the following minor child(ren):

III. JOINT LEGAL CUSTODY

A. Shared Decision-Making

8. The parties shall share joint legal custody. Both parents shall confer in good faith and attempt to reach agreement on all major decisions affecting the child(ren), including:

a. Education: School enrollment and transfers, special education or IEP/504 plans, tutoring, college planning
b. Healthcare: Selection of medical, dental, and vision providers; non-emergency medical treatment; vaccinations; surgical procedures; prescription medications
c. Mental Health: Counseling, therapy, psychiatric treatment, and psychological evaluation
d. Religious Training: Church, synagogue, mosque, or other religious instruction and participation
e. Extracurricular Activities: Sports, music, clubs, and other organized activities requiring financial commitment or scheduling impact
f. Travel: Out-of-state and international travel
g. Driver's License: Obtaining a learner's permit or driver's license
h. Employment: Part-time or summer employment of the child

B. Consultation Process

9. Before making any major decision, the initiating parent shall:

a. Notify the other parent of the proposed decision in writing (email, text, or co-parenting app);
b. Provide all relevant information, including any professional recommendations;
c. Allow the other parent at least [____] days to respond (except in emergencies);
d. Engage in good-faith discussion to reach agreement.

C. Dispute Resolution for Decision-Making Disagreements

10. If the parents cannot agree on a major decision after good-faith consultation:

☐ The matter shall be submitted to mediation before either party may file a motion with the Court
☐ A parenting coordinator shall be appointed to facilitate resolution
☐ The following parent shall have tie-breaking authority for the following specific categories:

• Education: [________________________________]
• Healthcare: [________________________________]
• Other: [________________________________]
  ☐ The matter shall be submitted to the Court for determination

D. Emergency Decisions

11. The parent exercising parenting time may make emergency medical or safety decisions without prior consultation when delay would endanger the child. That parent shall:
    a. Notify the other parent as soon as practicable;
    b. Provide all relevant medical records and information within twenty-four (24) hours;
    c. Consult with the other parent regarding follow-up treatment.

IV. JOINT PHYSICAL CUSTODY AND PARENTING TIME SCHEDULE

A. Equal or Approximately Equal Time

12. Consistent with the rebuttable presumption under RSMo § 452.375.4, the parties agree to share parenting time on a schedule providing equal or approximately equal time with each parent.

B. Regular Schedule

13. Select one:

☐ Week-on / Week-off
Exchanges occur every [________________________________] (day) at [________________________________] (time).
Mother's weeks begin: [________________________________]
Father's weeks begin: [________________________________]

☐ 2-2-3 Rotation
Week 1: Mother — Monday/Tuesday; Father — Wednesday/Thursday; Mother — Friday/Saturday/Sunday
Week 2: Father — Monday/Tuesday; Mother — Wednesday/Thursday; Father — Friday/Saturday/Sunday

☐ 5-2-2-5 Rotation
Mother: Every Monday and Tuesday
Father: Every Wednesday and Thursday
Alternating Friday through Sunday

☐ Custom Schedule:
[________________________________]
[________________________________]
[________________________________]

C. Holiday Schedule

14. Holidays supersede the regular schedule:

Non-alternating days:

• Mother's Day: Mother every year — [________________________________]
• Father's Day: Father every year — [________________________________]
• Child's Birthday: ☐ Alternating ☐ Shared celebration ☐ Other: [________________________________]

D. Summer Schedule

15. ☐ Regular schedule continues through summer

☐ Modified summer schedule:
Each parent shall have [____] uninterrupted weeks of vacation. Written notice of vacation dates shall be provided by [________________________________] (date) each year, with at least [____] days' advance notice.

Mother's summer parenting time: [________________________________]
Father's summer parenting time: [________________________________]

E. Exchanges

16. Primary exchange location: [________________________________]

Alternative location: [________________________________]

Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared ☐ Other: [________________________________]

Exchange protocol: Parents shall ensure punctual exchanges. If a parent will be more than [____] minutes late, that parent shall notify the other as soon as possible. Repeated late exchanges (more than [____] instances in [____] months) may constitute grounds for modification.

V. COMMUNICATION AND INFORMATION SHARING

A. Parent-to-Parent Communication

17. Parents shall communicate regarding the child(ren) through:
    ☐ Telephone ☐ Text ☐ Email ☐ Co-parenting application: [________________________________]

Communication shall be respectful, child-focused, and business-like. Neither parent shall use the child(ren) as a messenger.

B. Parent-Child Communication

18. Each parent shall facilitate the child(ren)'s reasonable communication with the other parent during parenting time, including telephone calls, video calls, and text messages at reasonable times.

C. Access to Records

19. Pursuant to RSMo § 452.375.10, both parents shall have full and equal access to all records pertaining to the child(ren), including:
    - School records, report cards, and teacher communications
    - Medical, dental, vision, and mental health records
    - Extracurricular activity information
    Both parents shall be listed as contacts and authorized persons at school and with all providers.

D. Notification Obligations

20. Each parent shall promptly notify the other of:
    a. Any medical emergency, serious illness, or injury;
    b. Any school disciplinary action;
    c. Any change of address, telephone number, or employment;
    d. Any involvement of the child with law enforcement or Children's Division (CD/DFS);
    e. Any person who will regularly reside in the home;
    f. Any planned out-of-state travel with the child(ren), with at least [____] days' advance notice including itinerary and contact information.

VI. CO-PARENTING CONDUCT

A. Non-Disparagement

21. Neither parent shall make negative, derogatory, or disparaging remarks about the other parent, the other parent's family, or the other parent's household in the presence or hearing of the child(ren), or through social media accessible to the child(ren).

B. Facilitating the Parent-Child Relationship

22. Pursuant to RSMo § 452.375.2(4), each parent shall actively encourage and facilitate the child(ren)'s relationship with the other parent and extended family. Neither parent shall engage in parental alienation or interference with the other parent's parenting time.

C. Right of First Refusal

23. ☐ Not applicable

☐ If either parent is unavailable to care for the child(ren) for more than [____] consecutive hours during that parent's parenting time, that parent shall first offer the other parent the opportunity to care for the child(ren). The other parent shall respond within [____] hours.

D. Substance Use

24. Neither parent shall use illegal controlled substances at any time. Neither parent shall consume alcohol to the point of impairment during parenting time or within [____] hours preceding parenting time.

E. Firearms Safety

25. Any firearms in either parent's household shall be stored unloaded in a locked container or safe, with ammunition stored separately, inaccessible to the child(ren), in compliance with safe storage practices.

F. New Partners and Household Members

26. ☐ No restriction on introduction of new partners
    ☐ Neither parent shall allow a new romantic partner to be present overnight during parenting time until [________________________________]
    ☐ Other: [________________________________]

G. Consistency Across Households

27. The parents shall make reasonable efforts to maintain consistent bedtimes, homework expectations, discipline approaches, and screen-time limits across both households, recognizing that minor differences in household rules are normal.

VII. RELOCATION

(RSMo § 452.377)

28. If either parent proposes to relocate the child(ren)'s principal residence for ninety (90) days or more, that parent 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:
(1) The intended new address (or city if address is not yet known);
(2) Home telephone number of the new residence, if known;
(3) The date of the intended move;
(4) Reasons for the proposed relocation;
(5) A proposed revised custody and parenting time schedule;

c. The non-relocating parent may file a motion to prevent relocation within thirty (30) days of receipt of notice;

d. The relocating parent bears the burden of proving the relocation is in good faith and in the child(ren)'s best interests;

e. Failure to provide notice may result in court-ordered return of the child, modification of custody, and attorney's fees.

VIII. PARENTING EDUCATION

29. Both parties shall complete the court-required parenting education program prior to final hearing:

☐ Focus on Kids (FOK) — MU Extension
☐ FOCIS (Focus on Children in Separation) — Jackson County, 16th Judicial Circuit
☐ 21st Judicial Circuit (St. Louis County) approved program
☐ Other: [________________________________]

Mother completion date: [__/__/____]
Father completion date: [__/__/____]

IX. CHILD'S PREFERENCES

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

☐ Pursuant to RSMo § 452.375.2(8), the child [________________________________] (age [____]) has expressed preferences regarding the custodial arrangement. Both parents have considered the child's input along with all statutory best interest factors.

X. GUARDIAN AD LITEM

31. ☐ A Guardian Ad Litem has been appointed pursuant to RSMo § 452.423 to represent the child(ren)'s interests. The GAL's recommendation has been considered.

☐ No Guardian Ad Litem has been appointed. Either party may request the Court to appoint a GAL at any time. The Court shall appoint a GAL in any proceeding in which child abuse or neglect is alleged.

XI. FINANCIAL PROVISIONS

A. Child Support

32. Child support shall be calculated pursuant to Missouri Supreme Court Rule 88.01 and the Form 14 Child Support Guidelines.

☐ Addressed in separate order
☐ [________________________________] shall pay $[________________________________] per month

B. Health Insurance

33. ☐ Mother ☐ Father shall maintain health, dental, and vision insurance for the child(ren) as available through employment.

C. Unreimbursed Medical Expenses

34. Unreimbursed medical, dental, orthodontic, therapeutic, and vision expenses shall be divided:
    ☐ Equally (50/50) ☐ Proportional to income: Mother [____]% / Father [____]%

D. Extracurricular Expenses

35. Mutually agreed-upon extracurricular expenses shall be divided:
    ☐ Equally ☐ Proportional to income ☐ Other: [________________________________]

E. Childcare

36. Work-related childcare expenses shall be divided:
    ☐ Equally ☐ Proportional to income ☐ Other: [________________________________]

F. Tax Dependency

37. The right to claim the child(ren) as dependents shall be allocated: [________________________________]

XII. DISPUTE RESOLUTION

A. Good-Faith Communication

38. The parents shall first attempt to resolve disputes through direct, respectful communication.

B. Mediation

39. If direct communication fails, the parents shall attend mediation with a qualified family mediator before filing any motion with the Court (except in emergencies). Mediation costs: ☐ Equal ☐ [____]% / [____]% ☐ Court-ordered allocation.

C. Court Jurisdiction

40. The Circuit Court of [________________________________] County, Missouri, [____] Judicial Circuit, retains continuing and exclusive jurisdiction.

XIII. MODIFICATION

41. Pursuant to RSMo § 452.410, this Agreement may be modified upon a showing that a change has occurred in the circumstances of the child or a parent and that modification is necessary to serve the best interests of the child(ren). Each party shall file a proposed parenting plan within thirty (30) days of service (RSMo § 452.310.8).

42. Pursuant to RSMo § 452.410.2, if either parent files a motion to modify joint legal or joint physical custody, each party is entitled to one change of judge.

XIV. REPRESENTATIONS

43. 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. This Agreement serves the best interests of the child(ren) under RSMo § 452.375.2;
    d. Full and fair disclosure of all material facts has been made;
    e. Neither party has pending criminal charges, CD/DFS investigations, or orders of protection not disclosed herein;
    f. Once approved by the Court, this Agreement is a binding court order enforceable by contempt.

XV. SIGNATURES

WHEREFORE, the parties respectfully request that the Court approve this Joint Custody Agreement and Parenting Plan and incorporate its terms into the Judgment.

Mother:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Father:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

ATTORNEYS

Attorney for Petitioner:

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

Firm: [________________________________]

Address: [________________________________]

Telephone: [________________________________] | Email: [________________________________]

Signature: _________________________________

Attorney for Respondent:

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

Firm: [________________________________]

Address: [________________________________]

Telephone: [________________________________] | Email: [________________________________]

Signature: _________________________________

ORDER OF THE COURT

The Court, having reviewed the Stipulated Joint Custody Agreement and Parenting Plan and having considered the best interest factors of RSMo § 452.375.2, finds:

1. Joint legal and joint physical custody is in the best interests of the child(ren);
2. The parenting time schedule is consistent with the rebuttable presumption of equal parenting time under RSMo § 452.375.4;
3. The Agreement has been entered into voluntarily by both parties;
4. The parties have complied with RSMo § 452.310.8 parenting plan requirements;
5. ☐ Both parties have completed the required parenting education program;
6. ☐ 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 Joint Custody Agreement and Parenting Plan is approved and incorporated into the Judgment of this Court.

Date: [__/__/____]

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

SOURCES AND REFERENCES

• RSMo § 452.375 — Custody definitions, eight best interest factors, rebuttable presumption of equal parenting time (effective August 28, 2023)
• RSMo § 452.375.1 — Definitions of joint legal custody, joint physical custody, sole custody
• RSMo § 452.375.4 — Public policy; presumption of equal parenting time; custody arrangement priority
• RSMo § 452.310.8 — Mandatory parenting plan filing within 30 days
• RSMo § 452.377 — Relocation; 60-day certified mail notice; burden on relocating parent
• RSMo § 452.410 — Modification standard; change of judge entitlement
• RSMo § 452.423 — Guardian Ad Litem; mandatory appointment when abuse/neglect alleged
• RSMo § 455.010 et seq. — Missouri Adult Abuse Act
• Missouri Supreme Court Rule 88.01 — Child support Form 14 guidelines
• Missouri Courts Parenting Plan Guidelines: https://www.courts.mo.gov/file.jsp?id=92713
• 16th Judicial Circuit (Jackson County): https://www.16thcircuit.org/
• 21st Judicial Circuit (St. Louis County): https://stlcountycourts.com/courts-departments/family-court/