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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30383
Experience:  Attorney with experience in family law.
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If my spouse wont agree with the parenting plan or

Customer Question

if my spouse wont agree with the parenting plan or visitation schedule that I have, is it possible to just omit it later, or do I need to revise it now if I'm not 100% positive that my spouse will agree?
JA: Are there any minor children in the relationship?
Customer: Yes, we have one child by marriage, and one which is non biological.
JA: Family law varies by state. What state are you in?
Customer: I live in Missouri and they are in North Carolina
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can I legally serve my spouse by certified mail or newspaper article. I only have a mail service address for my spouse, but its not a physical address
Submitted: 2 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

If your spouse doesn't agree to the parenting plan, you can have a hearing where you explain to the judge why that plan is in the best interests of the children. Omitting the agreement will usually lead to a hearing also, but submitting it tells the judge what you want. It's always possible to enter a joint agreed parenting plan later if you are able to find a resolution. There's no reason to leave the plan out entirely at the beginning.

Rule 54.16 allows you to serve him by first class mail, as long as you include certain things outlined in the statute. Take a look:

http://www.courts.mo.gov/courts/ClerkHandbooksP2RulesOnly.nsf/c0c6ffa99df4993f86256ba50057dcb8/295fda558835835d86256ca600521524?OpenDocument

If he doesn't respond, then you can file a Motion with the court asking to serve him by publication. But the starting point is to see if he'll send back a waiver. Signing the waiver only acknowledges that he received the forms. He's not saying that he agrees with anything in them at that point (or that he doesn't).

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 2 months ago.

Do you have any questions about this?