Oak Grove, MO asked in Child Custody for Missouri

Q: Can non custodial parent come and go as they please in Missouri?

I have physical custody with visitation to the father being every other weekend, holiday, and fathers day. Daughter will be 10 in September. Father has never followed schedule. He comes and goes at the last minute, usually once every other month, sometimes longer. Sometimes I cancel our plans and let her go, sometimes I put my foot down and say no. This time is different because the paperwork specifically says fathers day and he has sent a text today saying he will be getting her this weekend. She is crying because she doesn't want to go. Do I have any options? Can he really come and go as he pleases and I have to continually cancel plans?

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1 Lawyer Answer
Jessica Emery
Jessica Emery
  • Divorce Lawyer
  • St. Louis, MO
  • Licensed in Missouri

A: Your best option is to seek a modification of your parenting plan. Until your plan is changed, you both should be following its terms. In dealing with a sporadic parent, consider adding an "only if" clause to his time so that if he doesn't confirm by a certain time in advances he loses it for that weekend or reducing the time to something he can manage.

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