Legal Question in Family Law in Missouri
How does the judgment rules work?
If in a judgement the judge gives a specific parenting plan stating the day and time a child s to be with what parent, but then he also states in the judgement that if the parents can't come to an agreement pertaining to the child then the custodial parent will make the final decision, does that allow the custodial parent to change the parenting plan? And if the custodial parent does, what can be done?
1 Answer from Attorneys
Re: How does the judgment rules work?
An attorney would need to actually review the written Judgment before giving you any legal advice about your rights or duties under that Judgment. But, generally speaking, the terms of the parenting plan are almost always made a part of the Court Order or Judgment and define the visitation or temporary custody rights of the non-custodial parent in all situations in which the parents do not agree on anything different from the terms set forth in the parenting plan. In other words, in most cases, the custodial parent must honor the terms of the parenting plan, or face a possible Contempt of Court proceeding brought by the non-custodial parent. Unfortunately, in most cases it is necessary to take the custodial parent back to Court which costs money, time and effort. Perhaps you had an agreement which provided for attorney's fees to be paid by any party not complying with the terms of the Judgement. In any event, I do handle domestic matters frequently and you may call me at the office if you are not already represented by legal counsel.