Parenting plans set the framework for how divorced or separated parents will continue to co-parent and care for their children moving forward. They’re one of the most important components of any Massachusetts divorce involving children. These plans are not optional, either. The court requires them as part of the divorce process if you have minor children.
Parenting plans include detailed schedules, define who makes which decisions, and try to reduce conflict by laying out expectations for both parents clearly. Ultimately, the Probate and Family Court will assess and approve the parenting plan, making sure that it meets legal standards and works in the best interests of the child under M.G.L. c. 208 § 31.
What Is a Parenting Plan in Massachusetts?
A parenting plan is a formal document that outlines the schedule, responsibilities, and rights of each parent following a divorce. It governs:
- Parenting time (when the child is with each parent)
- Physical and legal custody
- Decision-making authority
- Communication logistics
Every divorce involving minor children must include a parenting plan, even when the parents are amicable and have agreed informally. Without a court-approved plan, misunderstandings can quickly lead to legal conflicts. So, even if you and your spouse have agreed to a particular strategy before the divorce is finalized, understand that the court may modify it.
The court uses the “best interests of the child” standard to review and approve the parenting plan. This means the plan must promote the child’s emotional development, stability, health, and safety.
Creating a viable parenting plan that meets the court’s standard is more complex than many parents realize. Meet our attorneys who can help you draft or review a parenting plan.
What Must Be Included in a Massachusetts Parenting Plan?
Your parenting plan should include a detailed parenting time schedule, holiday/vacation schedule, information about who can make decisions regarding the child, details about parental communication, how you’ll handle disputes, and more.
A complete parenting plan should include the following:
- Parenting time schedule: This outlines how the parents will divide weekdays, weekends, and overnights. It should include details on drop-off and pickup locations and times. Common arrangements include 2-2-3 schedules or alternating weeks.
- Holiday and vacation schedule: Clearly state how holidays (think Thanksgiving, Christmas, and birthdays) and school vacations will be shared. Many parents alternate holidays each year or split the day.
- Decision-making authority: Specify whether parents will share legal custody or if one parent will have sole authority over major decisions (education, medical care, religion, extracurricular activities).
- Communication rules: Define how and when the child can communicate with the other parent during visits. Many parents now use co-parenting apps like OurFamilyWizard to track communications and schedules.
- Dispute resolution clause: Establish how disagreements about the plan will be handled, usually starting with mediation before court involvement.
- Travel and relocation rules: Outline what’s required if a parent wants to travel out of state or move far enough to impact parenting time. Typically, written notice and consent are required.
- Health insurance and school notification: Detail who provides health insurance and who will be listed as an emergency contact or point of communication with the child’s school.
The court will review the plan to ensure both parents have fair access to the child unless a safety issue dictates otherwise. The more detailed the plan, the more likely it will be enforceable and reduce conflict. It will also help shorten the timeline for your divorce.
What Is the Difference Between Legal and Physical Custody?
The difference between legal and physical custody comes down to where the child lives (physical custody) and who has the authority to make decisions about the child’s life (legal custody).
In Massachusetts, the breakdown between physical and legal custody looks like this:
- Physical custody refers to where the child lives most of the time.
- Legal custody refers to the authority to make major decisions about the child’s welfare, including education, medical care, and religion.
Joint custody can apply to either or both types. Parents may share legal custody while one parent has sole physical custody, or vice versa.
Some common arrangements include:
- Joint physical custody: Parents alternate weeks or follow a 2-2-3 schedule.
- Sole physical custody: The child primarily lives with one parent, while the other parent has scheduled visitation.
Custody decisions directly influence the parenting plan’s structure and must be addressed explicitly to prevent disputes later on.
How Are Parenting Plans Created and Filed?
You can create a parenting plan in several ways, and then that plan will need to be filed with the court, usually through your attorneys. However, if you and your spouse can’t agree, the court may step in.
Creating a parenting plan typically involves negotiation between the parents, often helped by:
- Four-way meetings (each parent and their attorney)
- Mediation with a neutral third party
- Direct attorney-to-attorney negotiations
If the parties reach an agreement, the parenting plan is drafted and filed with the Probate and Family Court. It will then be reviewed at the final divorce hearing. If the court approves, it becomes part of the final judgment.
If the parents can’t agree on a plan:
- The judge may order a hearing to resolve the issues.
- A Guardian ad Litem (GAL) may be appointed to investigate both parents’ living situations and make custody recommendations.
- In Worcester County and elsewhere, a probation officer may be involved to help mediate terms before the hearing.
What Happens if Parents Can’t Agree on a Parenting Plan?
If parents can’t agree on a parenting plan, it triggers action on the court’s part. Depending on the situation, the court may:
- Hold an evidentiary hearing, where both parents present testimony and evidence.
- Appoint a GAL, who interviews the parents, child, and other relevant parties, and visits the home to assess the environment.
The judge will weigh:
- The child’s age, needs, and preferences (when appropriate)
- Each parent’s ability to support the child
- The GAL report and any supporting documents
Until a final plan is approved, parenting time may be governed by Temporary Orders. These can be requested early in the case and often influence the final arrangement.
Can a Parenting Plan Be Modified Later?
Yes, a parenting plan can be modified later.
Parenting plans aren’t set in stone. Courts also understand that things change, and plans need to evolve as they do. If circumstances change significantly, a parent can file a Complaint for Modification under Rule 412.
Reasons to modify might include:
- One parent moves or changes jobs.
- The child develops new medical or educational needs.
- Safety concerns arise in one parent’s home.
To succeed, the parent must prove that a material change in circumstances has occurred and that the proposed change still serves the child’s best interests. Note that it usually takes a relatively significant change for the court to order a modification.
What If One Parent Violates the Parenting Plan?
If one parent violates the parenting plan, the other parent can file a Complaint for Contempt. However, only specific actions fall under the heading of “violations”.
Examples of violations include:
- Denying parenting time
- Failing to return the child on time
- Ignoring communication rules or decision-making authority
The court may respond by:
- Ordering make-up parenting time
- Awarding legal fees to the non-violating parent
- Modifying custody arrangements
Note that the court will usually require more than one violation to take action. For instance, if a non-custodial parent is late picking up their child a couple of times, the court likely will not see it as a violation.
However, if the parent is chronically late or often misses parenting time, the court is more likely to see it as a violation. It’s more about patterns than one-time incidents. With that said, some violations are more serious and may only need to happen once for the court to act.
In extreme cases, the court may conduct a full reevaluation of the parenting plan and impose new terms that better protect the child’s stability.
Do You Need a Lawyer to Create a Parenting Plan?
You are not legally required to have a lawyer to create a parenting plan, but it’s highly recommended. While Massachusetts provides forms and guidelines that you can follow, real-life parenting plans often involve nuanced issues most parents need experienced help with, like:
- Co-parenting with blended families
- Navigating high-conflict relationships
- Addressing safety concerns
- Complying with school and travel policies
It’s also very easy to leave something out or fail to specify something important in your parenting plan. Mistakes or vague language in a parenting plan can lead to:
- Contested hearings
- Missed parenting time
- Costly legal battles down the road
An experienced family law attorney can help you draft a clear, enforceable plan tailored to your family’s needs.