Family Law Questions? Ask a Family Lawyer Online.
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:
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).
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