Navigating a custody dispute can be emotionally difficult and legally complex. When you and your child’s other parent no longer live in the same home, you must plan how your child will spend time with both parents.
It is important to create a plan for your child that is in their best interests, but that can be difficult when both parents want to spend as much time as possible with the child. Discussing your options with a Springfield child custody lawyer can help answer your questions about custody and visitation. The dedicated family attorneys at The Anthony Phillips Law Firm can help you navigate the challenges often associated with custody disputes.
If you and the other parent of your child do not live together, state law defaults to an arrangement where the child spends equal time with each parent. The law views both parents as important to the development of children and understands that children should spend time with both parents. However, this 50/50 arrangement does not always work for families. Talking about specific custody concerns and what plan may work best with an experienced Springfield child custody lawyer will help parents consider their options when navigating a custody case.
Missouri Revised Statute § 452.310(8) requires that parents provide a detailed parenting plan to the court. The parents can either submit a joint plan or each submit their own proposal. The parenting plan proposals must be provided within 30 days after service commences a custody matter. A Springfield child custody lawyer can create and submit a parenting plan to the court.
Proposals must set forth a plan that is in the children’s best interests. The written plan must include a detailed schedule for custody and visitation with each parent to include how the child’s time will be divided during the week and on weekends. Holidays must also be addressed, including school holidays, the child’s birthday, Mother’s Day, and Father’s Day. Winter, spring, summer, and other vacations from school must be included in the plan. Parents must include the times for visitation exchanges and where exchanges will occur.
The parent not exercising parenting time must be able to communicate with the child even when it is not their parenting time. As such, appropriate times for telephone communication must be outlined in the parenting plan.
Parents must have a plan for how they will notify the other parent to request a temporary variation in the regular schedule, such as by email, text, or app.
Parents must have a written plan regarding legal custody that sets forth how the decision-making rights and responsibilities will be shared between the parents. The plan must also outline how education decisions will be made and how the parents will each communicate with the child’s school. Medical, dental, and health care decisions must also be outlined, as well as how emergency care will be handled. If the child needs daycare, the plan must address childcare providers.
The parents must also have a plan regarding extracurricular activities. The plan must address how the parties will decide which activities the child will participate in and how the schedule will work when with each parent.
The parenting plan must also include a dispute resolution procedure for when the parents disagree.
The parenting plan must also consider the child’s expenses. Childcare, education-related expenses, and extraordinary expenses must be addressed. Child support must be calculated. The parties must agree on who will provide health insurance for the child and how expenses will be allocated when they are not covered by insurance.
If each parent submits a parenting plan to the court and the parties are unable to reach a resolution, or if either parent fails to submit a proposed parenting plan, either party can file a motion with the court. A hearing will then be set, and the court will make a temporary order for a parenting plan. Consulting with an experienced child custody lawyer in Springfield can ensure a proposed parenting plan meets the court’s requirements.
Creating a parenting plan for your child can be emotional. It can be difficult not to be with your child every day, but when parents are no longer living in the same home, a plan must be created. It is important for the plan to be in the best interests of your child. Let an experienced Springfield child custody lawyer help you create a plan that works best for your child and your family.
The Anthony Phillips Law Firm can help you negotiate your child custody issues with their empathy and extensive knowledge of the law. Contact us to schedule an appointment.
When you need assistance with a family law matter, get in touch with a capable attorney. A Springfield family lawyer from Anthony Phillips Law Firm, LLC, can help you resolve the matter as amicably as possible while protecting your rights.
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