Massachusetts Parenting Plan
A Massachusetts parenting plan sets out legal and physical custody and a shared custody implementation plan the court approves, guided by the happiness and welfare of the child. Attorney review available.
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Introduction
In Massachusetts, where custody has two parts, legal custody and physical custody, each of which can be sole or shared, a parenting plan is the written agreement two parents use to set out that custody and time with their children, whether they are divorcing, were never married, or are changing an existing custody order. Massachusetts custody law has its own framework. Custody has two parts: legal custody, the right to make major decisions about a child's education, medical care, and emotional, moral, and religious development, and physical custody, where the child lives. Each can be sole or shared (Massachusetts General Laws Chapter 208 Section 31). When deciding custody, the parents' rights are equal in the absence of misconduct, and the happiness and welfare of the children shall determine their custody. Massachusetts does not apply a presumption in favor of or against shared legal or physical custody at the trial on the merits, except as provided in Section 31A. When custody is contested and either party seeks shared legal or physical custody, the parties must submit a shared custody implementation plan setting out the details: the child's education, the child's health care, procedures for resolving disputes, and the periods of time during which each party will have the child. A plan the court accepts becomes part of the judgment. DocDraft builds your Massachusetts parenting plan from your family's schedule, with attorney review available before you submit it to the court.
Key Things to Know
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In Massachusetts, a parenting plan is the written document in which two parents set out legal custody, physical custody, and the time each parent has with their children, whether they are divorcing, were never married, or are changing an existing order.
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In Massachusetts, legal custody is the right to make major decisions about a child's education, medical care, and emotional, moral, and religious development, and physical custody is where the child lives; each can be sole or shared (Massachusetts General Laws Chapter 208 Section 31).
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When deciding custody in Massachusetts, the parents' rights are equal in the absence of misconduct, and the happiness and welfare of the children shall determine their custody (M.G.L. Chapter 208 Section 31).
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Massachusetts does not apply a presumption in favor of or against shared legal or physical custody at the trial on the merits, except as provided in Section 31A (M.G.L. Chapter 208 Section 31).
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In Massachusetts, when custody is contested and either party seeks shared legal or physical custody, the parties must submit a shared custody implementation plan (M.G.L. Chapter 208 Section 31).
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A Massachusetts shared custody implementation plan sets out the child's education, the child's health care, procedures for resolving disputes, and the periods of time during which each party will have the child, including holidays and vacations.
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On filing, and absent emergency conditions, abuse, or neglect, Massachusetts parents have temporary shared legal custody until a judgment on the merits, though there is no presumption of temporary shared physical custody (M.G.L. Chapter 208 Section 31).
Key decisions before you file
Before you file a Parenting Plan in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
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Massachusetts Requirements for Parenting Plan
Legal and Physical Custody, Sole or Shared
In Massachusetts, legal custody is the right to make major decisions about a child's education, medical care, and emotional, moral, and religious development, and physical custody is where the child resides. Each can be sole or shared, with shared physical custody arranged so the child has frequent and continued contact with both parents (Massachusetts General Laws Chapter 208 Section 31).
Happiness and Welfare Standard
In Massachusetts, the parents' rights are equal in the absence of misconduct, and the happiness and welfare of the children shall determine their custody. The court considers whether the child's present or past living conditions adversely affect the child's physical, mental, moral, or emotional health (M.G.L. Chapter 208 Section 31).
No Presumption at Trial on the Merits
Massachusetts applies no presumption in favor of or against shared legal or physical custody at the time of the trial on the merits, except as provided in Section 31A (M.G.L. Chapter 208 Section 31). The court decides each family's arrangement on the happiness and welfare standard rather than a fixed default.
Shared Custody Implementation Plan
When custody is contested and either party seeks shared legal or physical custody, the parties must submit a shared custody implementation plan at trial (M.G.L. Chapter 208 Section 31). A shared custody agreement the parties submit for approval is deemed such a plan, and a plan the court accepts becomes part of the judgment.
Required Plan Details
A Massachusetts shared custody implementation plan must set out the details of shared custody, including the child's education, the child's health care, procedures for resolving disputes between the parties about child-raising decisions and duties, and the periods of time during which each party will have the child reside or visit, including holidays and vacations (M.G.L. Chapter 208 Section 31).
Temporary Shared Legal Custody on Filing
In Massachusetts, on filing and until a judgment on the merits, absent emergency conditions, abuse, or neglect, the parents have temporary shared legal custody, though the judge may order temporary sole legal custody with written findings. Nothing creates a presumption of temporary shared physical custody (M.G.L. Chapter 208 Section 31).
Parenting-Time and Health-Care Detail
Your Massachusetts plan should describe the periods of time each parent has the children, including the weekday and weekend routine, holidays, school breaks, and summer, plus how the children's health care and education decisions are handled. These are among the details a shared custody implementation plan must address (M.G.L. Chapter 208 Section 31).
Court Approval and Parent Education
A Massachusetts parenting plan takes effect only when the court approves it under the happiness and welfare standard, and an accepted shared custody implementation plan becomes part of the judgment (M.G.L. Chapter 208 Section 31). Any parent-education program requirement comes from a Probate and Family Court standing order rather than this statute, so check the Probate and Family Court.