Missouri Sole Custody Agreement

SOLE 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 SOLE CUSTODY AGREEMENT

COME NOW the parties, [________________________________] ("Custodial Parent") and [________________________________] ("Non-Custodial Parent"), and state as follows:

I. OVERCOMING MISSOURI'S PRESUMPTION OF JOINT CUSTODY

A. Statutory Presumption

1. 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, effective August 28, 2023). Missouri public policy declares that frequent, continuing, and meaningful contact with both parents is in the best interests of the child.

2. Missouri law sets forth a priority of custody arrangements, with the Court directed to consider: (1) joint physical and joint legal custody; (2) joint physical custody with sole legal custody; (3) joint legal custody with sole physical custody; (4) sole custody to either parent; or (5) third-party custody (RSMo § 452.375.4).

B. Basis for Rebutting the Presumption

3. The parties agree, or the Court finds, that the presumption of equal parenting time is rebutted by a preponderance of the evidence based on the following grounds:

☐ Both parents agree that sole custody to the Custodial Parent is in the best interests of the child(ren) for the following reasons: [________________________________]

☐ Domestic violence. A pattern of domestic violence as defined by RSMo § 455.010 has occurred. Pursuant to RSMo § 452.375.13, if the Court finds that domestic violence or abuse has occurred, the Court shall make specific findings of fact to show that the custody or visitation arrangement ordered by the Court best protects the child and the parent who is the victim of domestic violence from any further harm. Specific findings: [________________________________]

☐ Substance abuse. The Non-Custodial Parent has a history of substance abuse that poses a risk to the child(ren)'s safety: [________________________________]

☐ Incarceration or criminal history. The Non-Custodial Parent is currently incarcerated or has criminal convictions affecting fitness: [________________________________]

☐ Mental health concerns. RSMo § 452.375.2(6) requires consideration of the mental and physical health of all individuals involved: [________________________________]

☐ Abandonment or prolonged absence. The Non-Custodial Parent has been absent from the child(ren)'s life for an extended period: [________________________________]

☐ Inability to cooperate. The parents have demonstrated a persistent inability to cooperate in joint decision-making that harms the child(ren): [________________________________]

☐ Geographic distance. The parents reside at a distance that makes joint physical custody impracticable: [________________________________]

☐ Child's preference. Pursuant to RSMo § 452.375.2(8), the child (age [____]) has expressed a clear and uncoerced preference: [________________________________]

☐ Other: [________________________________]

C. Required Court Findings

4. When awarding sole custody, the Court must enter written findings of fact and conclusions of law addressing the eight best interest factors of RSMo § 452.375.2. This agreement supports such findings as follows:

(1) Parents' wishes: The Custodial Parent seeks sole custody; the Non-Custodial Parent ☐ consents ☐ does not consent.

(2) Child's need for relationship with both parents: [________________________________]

(3) Child's interactions and relationships: [________________________________]

(4) Which parent facilitates contact: [________________________________]

(5) Child's adjustment to home, school, and community: [________________________________]

(6) Mental and physical health, abuse history: [________________________________]

(7) Intention to relocate: [________________________________]

(8) Child's wishes: [________________________________]

II. PARTIES AND CHILDREN

A. Identification

5. Custodial Parent (☐ Mother ☐ Father): [________________________________]
   Address: [________________________________]
   Telephone: [________________________________]
   Email: [________________________________]

6. Non-Custodial Parent (☐ Mother ☐ Father): [________________________________]
   Address: [________________________________]
   Telephone: [________________________________]
   Email: [________________________________]

B. Children

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

III. SOLE LEGAL CUSTODY

A. Custodial Parent's Decision-Making Authority

8. The Custodial Parent shall have sole legal custody and the exclusive right and responsibility to make all major decisions regarding the child(ren), including:

a. Education: school enrollment, transfers, special education services, IEP/504 plans
b. Healthcare: selection of providers, non-emergency medical treatment, vaccinations, surgery, medications
c. Mental health: counseling, therapy, psychiatric treatment
d. Religious training and participation
e. Extracurricular activities
f. Travel within and outside Missouri
g. Legal matters affecting the child(ren)

B. Consultation (Discretionary)

9. The Custodial Parent ☐ shall ☐ is encouraged to (but is not required to) consult with the Non-Custodial Parent before making major decisions, consistent with the child(ren)'s best interests.

C. Emergency Decisions

10. The Custodial Parent has full authority to make emergency decisions. If the child(ren) experience a medical emergency during the Non-Custodial Parent's parenting time, the Non-Custodial Parent may authorize emergency treatment and shall notify the Custodial Parent immediately.

IV. SOLE PHYSICAL CUSTODY

A. Primary Residence

11. The child(ren) shall reside primarily with the Custodial Parent at: [________________________________]

12. The Custodial Parent shall determine the child(ren)'s day-to-day routines, activities, discipline, and care.

B. School Enrollment

13. The child(ren) shall be enrolled in the school district serving the Custodial Parent's residence, currently: [________________________________]

V. NON-CUSTODIAL PARENT'S PARENTING TIME

A. Parenting Time Schedule

14. Select one:

☐ Standard Parenting Time

• Alternating weekends: Friday at [________________________________] to Sunday at [________________________________]

• One midweek visit: [________________________________] (day) from [________________________________] to [________________________________]
  ☐ Overnight ☐ Non-overnight

• Extended summer: [____] weeks, with [____] days' written notice by [________________________________] (date) each year

• The Non-Custodial Parent shall have approximately [____]% of overnights annually

☐ Expanded Parenting Time

• Alternating weekends: Friday after school to Monday morning (school drop-off)
• Two midweek overnights: [________________________________]
• Extended summer: [____] weeks
• The Non-Custodial Parent shall have approximately [____]% of overnights annually

☐ Restricted Parenting Time (when safety concerns exist)

• Frequency: [________________________________]
• Duration: [________________________________]
• Conditions: [________________________________]

☐ Supervised Parenting Time (see Section V.E below)

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

B. Holiday Schedule

15. Holidays supersede the regular schedule:

Non-alternating:

• Mother's Day: Mother every year — [________________________________]
• Father's Day: Father every year — [________________________________]
• Child's Birthday: ☐ Alternating ☐ Non-possessing parent gets [____] hours ☐ Other: [________________________________]

C. Exchanges

16. Location: [________________________________]

☐ At school (drop-off/pick-up)
☐ Custodial Parent's residence (curbside)
☐ Neutral public location: [________________________________]
☐ Supervised exchange location: [________________________________]

Transportation: [________________________________]

D. Communication During Non-Custodial Parent's Absence

17. The Custodial Parent shall facilitate reasonable communication between the child(ren) and the Non-Custodial Parent, including:
    - Telephone calls: [________________________________]
    - Video calls: [________________________________]
    - Text/email with age-appropriate children: [________________________________]

The Custodial Parent shall not monitor, interfere with, or record these communications.

E. Supervised Parenting Time (if applicable)

18. ☐ Not applicable — skip to Section VI.

☐ The Non-Custodial Parent's parenting time shall be supervised due to:
☐ Domestic violence (RSMo § 452.375.13; § 455.010 et seq.)
☐ Substance abuse
☐ Child abuse or neglect concerns (RSMo § 452.423 — GAL appointment mandatory)
☐ Mental health concerns
☐ Other: [________________________________]

Supervisor:
☐ Professional supervised visitation center: [________________________________]
☐ Approved third party: [________________________________]

Schedule: [________________________________]

Cost of supervision: ☐ Non-Custodial Parent ☐ Shared ☐ Other: [________________________________]

Conditions for transition to unsupervised parenting time:
☐ Completion of substance abuse treatment and [____] months of verified sobriety
☐ Completion of a batterer's intervention program (BIP)
☐ Completion of court-ordered parenting classes
☐ Clean drug/alcohol screenings for [____] consecutive months
☐ Favorable GAL recommendation
☐ Favorable evaluation by a licensed mental health professional
☐ Court order following a hearing
☐ Other: [________________________________]

VI. ACCESS TO RECORDS AND INFORMATION

A. Non-Custodial Parent's Access

19. Pursuant to RSMo § 452.375.10, notwithstanding the award of sole custody, the Non-Custodial Parent retains the right to access all records pertaining to the child(ren), including:
    - School records, report cards, and attendance records
    - Medical, dental, vision, and mental health records
    - Extracurricular activity schedules

The Non-Custodial Parent may obtain these records directly from schools and providers. The Custodial Parent shall not instruct providers to withhold records from the Non-Custodial Parent.

B. Notification Obligations

20. The Custodial Parent shall notify the Non-Custodial Parent within [____] hours of:
    a. Any medical emergency, serious illness, hospitalization, or injury;
    b. Any school disciplinary action or suspension;
    c. Any involvement with law enforcement or the Children's Division (CD/DFS);
    d. Any change in address or telephone number;
    e. Any planned relocation (see Section VII).

21. The Non-Custodial Parent shall notify the Custodial Parent of:
    a. Any change in address or telephone number;
    b. Any person regularly residing in the household;
    c. Any criminal charges or convictions;
    d. Any involvement with CD/DFS.

VII. RELOCATION

(RSMo § 452.377)

22. Custodial Parent relocation. If the Custodial Parent proposes to relocate the child(ren)'s principal residence for ninety (90) days or more:

a. The Custodial Parent must provide written notice by certified mail, return receipt requested, at least sixty (60) days before the proposed relocation;

b. The notice must include: (1) intended new address or city; (2) home telephone number if known; (3) date of intended move; (4) reasons for relocation; (5) proposed revised parenting time schedule;

c. The Non-Custodial Parent may file a motion to prevent relocation within thirty (30) days of receipt;

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

e. Failure to provide proper notice may result in: court-ordered return of the child(ren), modification of custody, and attorney's fees assessed against the relocating parent.

23. Non-Custodial Parent relocation. The Non-Custodial Parent shall provide the same sixty-day notice if relocating to an address that would substantially affect the parenting time schedule.

VIII. DOMESTIC VIOLENCE PROVISIONS (IF APPLICABLE)

24. ☐ Not applicable — no domestic violence history.

☐ The following provisions apply pursuant to RSMo § 452.375.13 and the Adult Abuse Act (RSMo § 455.010 et seq.):

a. Order of Protection: ☐ An order of protection is currently in effect: Case No. [________________________________], entered [__/__/____], expiring [__/__/____]. All terms of the order of protection remain in effect and supersede any conflicting provision of this Agreement.

b. Specific findings: The Court has made or shall make specific findings regarding how this custody arrangement protects the child(ren) and the victim parent from further harm.

c. Restrictions on the Non-Custodial Parent:
☐ No direct contact with the Custodial Parent — all communication through [________________________________]
☐ Exchanges through a neutral third party or supervised exchange center
☐ Completion of batterer's intervention program required
☐ Completion of substance abuse treatment required
☐ No overnight parenting time until [________________________________]
☐ Other: [________________________________]

IX. GUARDIAN AD LITEM

25. ☐ A Guardian Ad Litem has been appointed pursuant to RSMo § 452.423. (Note: Appointment is mandatory when child abuse or neglect is alleged.) The GAL has investigated and reported to the Court.

☐ No GAL has been appointed. Either party may request appointment at any time.

X. PARENTING EDUCATION

26. Both parties shall complete the court-required parenting education program:
    ☐ 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: [________________________________]

Custodial Parent completion: [__/__/____]
Non-Custodial Parent completion: [__/__/____]

XI. FINANCIAL PROVISIONS

A. Child Support

27. Child support shall be calculated per Missouri Supreme Court Rule 88.01 (Form 14).
    ☐ The Non-Custodial Parent shall pay $[________________________________] per month
    ☐ Addressed in separate order

B. Health Insurance

28. ☐ Custodial Parent ☐ Non-Custodial Parent shall maintain health, dental, and vision insurance for the child(ren).

C. Unreimbursed Medical Expenses

29. Unreimbursed expenses shall be divided:
    ☐ Custodial Parent [____]% / Non-Custodial Parent [____]%
    ☐ Equally
    ☐ Non-Custodial Parent pays [____]%

The parent incurring the expense shall submit documentation within thirty (30) days. Reimbursement is due within thirty (30) days.

D. Extracurricular and Educational Expenses

30. ☐ Custodial Parent has sole discretion to enroll in activities; costs borne by Custodial Parent
    ☐ Mutually agreed activities divided: [________________________________]
    ☐ Other: [________________________________]

E. Tax Dependency

31. The right to claim the child(ren) as dependents: [________________________________]

XII. CONDUCT AND RESTRICTIONS

A. Non-Disparagement

32. Neither parent shall make disparaging remarks about the other parent in the child(ren)'s presence or through social media accessible to the child(ren).

B. Non-Interference

33. The Non-Custodial Parent shall not interfere with the Custodial Parent's authority, the child(ren)'s residence, or the child(ren)'s school attendance.

C. Substance Use

34. Neither parent shall use illegal substances. Neither parent shall consume alcohol to impairment during parenting time or within [____] hours preceding parenting time.

D. Firearms Safety

35. Firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

E. Return of Child(ren)

36. The Non-Custodial Parent shall return the child(ren) at the scheduled time and location. Failure to return the child(ren) may constitute custodial interference, which is a criminal offense under RSMo § 565.156.

XIII. DISPUTE RESOLUTION

37. Mediation. Before filing any motion (except in emergencies), the parties shall attend mediation with a qualified family mediator. Cost: ☐ Equal ☐ Non-Custodial Parent ☐ Court allocation.

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

XIV. MODIFICATION

39. Pursuant to RSMo § 452.410, this Agreement may be modified upon a showing that changed circumstances make modification necessary to serve the child(ren)'s best interests. Each party must file a proposed parenting plan within thirty (30) days (RSMo § 452.310.8).

40. The Non-Custodial Parent may petition for modification to joint custody if circumstances change, including but not limited to: completion of treatment programs, demonstrated stability, passage of time, and the child(ren)'s evolving needs.

XV. REPRESENTATIONS

41. Each party represents that:
    a. This Agreement is voluntary, without coercion or duress;
    b. Each party has had the opportunity to consult with independent counsel;
    c. This Agreement serves the child(ren)'s best interests under RSMo § 452.375.2;
    d. Full disclosure of all material facts has been made;
    e. Once approved, this Agreement is enforceable by contempt proceedings.

XVI. SIGNATURES

WHEREFORE, the parties request that the Court approve this Sole Custody Agreement and Parenting Plan.

Custodial Parent:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Non-Custodial Parent:

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 Sole Custody Agreement and Parenting Plan and the best interest factors of RSMo § 452.375.2, and having entered written findings of fact and conclusions of law as required when awarding sole custody, finds:

1. The rebuttable presumption of equal parenting time under RSMo § 452.375.4 is rebutted by a preponderance of the evidence;
2. Sole legal and physical custody to the Custodial Parent is in the best interests of the child(ren);
3. The parenting time awarded to the Non-Custodial Parent is appropriate under the circumstances;
4. ☐ Specific findings regarding domestic violence have been made pursuant to RSMo § 452.375.13;
5. The parties have complied with RSMo § 452.310.8;
6. ☐ Both parties have completed parenting education;
7. ☐ A GAL was appointed and has reported / ☐ No GAL was necessary.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Sole Custody Agreement and Parenting Plan is approved and incorporated into the Judgment.

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 § 452.375.4 — Priority of custody arrangements; public policy; presumption rebuttal standards
• RSMo § 452.375.13 — Domestic violence findings required when abuse has occurred
• RSMo § 452.310.8 — Mandatory parenting plan submission within 30 days
• RSMo § 452.377 — Relocation; 60-day certified mail notice; burden on relocating parent
• RSMo § 452.410 — Modification of custody decrees; changed circumstances
• RSMo § 452.423 — Guardian Ad Litem; mandatory when abuse/neglect alleged
• RSMo § 455.010 et seq. — Missouri Adult Abuse Act; orders of protection
• RSMo § 565.156 — Custodial interference criminal offense
• Missouri Supreme Court Rule 88.01 — Form 14 child support guidelines
• Missouri Courts Parenting Plan Guidelines: https://www.courts.mo.gov/file.jsp?id=92713
• GAL Standards: https://www.courts.mo.gov/file.jsp?id=63973