Using a Massachusetts Parenting Plan

Creating a parenting plan in Massachusetts can be made much easier by having an understanding of the laws concerning child custody and visitation. Making a parenting plan that is in accordance with Massachusetts law will ensure your plan will be adopted by the court. You can find these laws in the Massachusetts General Laws, Title III, Chapter 208. It provides definitions for many terms used in court documents and shows what the court requires and expects in a parenting plan.

In Massachusetts custody proceedings, a hearing will be held called a "trial of merits." At this trial, parents have the opportunity to submit a parenting plan, also known as a "shared custody implementation plan.” The parents may submit the plan either individually or jointly. The court will then reject, accept or modify the agreement(s).

The main component of a Massachusetts parenting plan is a declaration of custody. The plan must clearly state the type of custody the parents have. The various types of custody are defined in Chapter 208, Section 31:

• Sole legal custody – This means only one parent has the right and responsibility to make decisions regarding the child's medical and dental care, mental health care, educational needs, religious upbringing, moral development and other significant decisions.

• Shared legal custody – This means that both parents are mutually involved and responsible for making major decisions for the child.

• Sole physical custody – This means the child primarily resides and is under the supervision of one parent, while the other parent has reasonable visitation unless the court finds that visitation with the other parent would not be good for the child.

• Shared physical custody – This means the child resides with each parent for periods of time in a way that ensures the child will have frequent and ongoing contact with both parents.

As long as there is no evidence of domestic violence, child abuse, substance abuse or any other situation that may endanger the child, parents in Massachusetts are considered to be equal in custody matters. The ultimate determinant the court consider is the happiness and welfare of the child. Massachusetts believes that contact with both parents for the child is needed unless there are circumstances that negate either parent to be unfit or unsafe for the child.

Other components of a parenting plan are explained in Section 31 of Chapter 208. Once custody has been determined, a parenting time schedule should be made and should define the regular periods of time the child has with each parent. A holiday schedule should be included as well as a vacation schedule.

A parenting plan should also include a statement acknowledging specific parental responsibilities to each, either and both parents. The court requires that a parenting plan have a dispute resolution plan as well. Evaluating your situation objectively will help you make a better parenting plan. Set your differences aside and working with the other parent to create an effective parenting plan with your child's best interests. If you cannot do that, each parent has to submit a parenting plan individually and the court will decide which is best for your child.