It is important to know and understand the laws in your state to create an effective parenting plan to submit to the court. Learn more about creating 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.
Tracy Bensun is interested in the law and especially family law. Her main interest lies in how children are affected by divorce and child custody. She has done extensive research on her own and loves to share her knowledge. She is affiliated with Custody X Change, which is designed to assist in child custody visitation schedules, custody agreements and parenting plans.
