How do I enforce a parenting plan in Missouri?

Missouri law gives a parent several options when the other parent is interfering with the custody and visitation plan, or otherwise not cooperating with the court’s orders. It may become necessary to ask a court to use its authority to find the other parent in contempt of court.

Are parental agreement legally binding?

No, a parenting plan is not legally binding, but if you both agree it could be shown in court to explain what the arrangements have been to date. To make a legally binding order you will need to apply for a child arrangements order. You can do this by consent but you would both still need to attend your local court.

At what age can a child refuse visitation in Missouri?

The law considers an 18-year-old to be an adult. [Missouri Revised Statutes – Title XXX – §431.055] Any child younger than that is a minor, and technically can’t refuse to visit with a parent. However, if brought to the court’s attention, a judge can determine whether there’s a legitimate basis for the child’s request.

What is the penalty for contempt of court in Missouri?

Punishment for contempt. — Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court.

What happens if you break a child arrangement order?

If an individual fails to follow the Child Arrangements Order they may be ‘in contempt of court’ and there may be some serious consequences including variation of the current Child Arrangements Order, a Enforcement Order or Suspended Enforcement Order, an order for compensation for financial loss, being fined or in …

What age will a judge listen to a child in Missouri?

Courts will allow the child to give testimony on his/her preference if the court determines that is appropriate. The courts have indicated that starting around age 11, a child can express his/her opinion about where he/she would like to live primarily.

What happens if a parent violates a custody order in Missouri?

Unlike a family access motion, courts are not required to dispose of the matter within sixty days. Sometimes, a parent violates a custody order by moving a child out of the state. This could be a situation where Missouri courts’ authority to find someone in contempt will not be enough.

Can a parent move out of a parenting plan?

Parents must attempt mediation before they can ask the court to intervene in disagreements about the plan. When a parent wants to move, they must notify the other parent at least 60 days in advance by certified mail; the other parent has 30 days to file an objection. Additionally, the parenting plan details your child support arrangement.

What is a parenting plan and how does it work?

Sometimes called a custody agreement, it details exactly how parents share rights and responsibilities for raising their child. The parenting plan details legal custody (decision-making), physical custody (the residential schedule ), parenting rules and child support requirements.

How does a judge decide a parenting plan?

When parents can’t agree, a judge decides the parenting plan in a trial. Each parent argues for the plan they want, and the judge may order one parent’s plan or create a new version (often a middle ground between what each parent wants).