Benjamin and Sarah are divorcing. They have four children between the ages of 6 and 17. Both parties contest the issue of custody of the children. And, both parties want to establish a plan to share legal and physical custody. The parties want their parenting plan to make sense, so that it reflects the respective ages and developmental stages of their children.
In Massachusetts, when the issue of custody comes up in court and either party wants shared legal or physical custody, either party may file a custody implementation plan with the court. This custody plan should include the details of the shared custody plan, including the following:
- the child’s education;
- the child’s health care;
- procedures for resolving disputes between the parties with respect to child-raising decisions and duties; and,
- the periods of time during which each party will have the child reside or visit with the parent, including holidays and vacations.
If each party, individually or jointly, submits a parenting plan to the court, the court must consider the custody implantation plan(s). The court can use or modify the plan(s) that the parties submit. The court can also reject the plan and issue a sole legal and physical custody award to either parent.
What Makes a Good Parenting Plan?
Massachusetts offers model parenting plans for parties who seek guidance in crafting their plans. The model parenting plan–offered by a task force of judges, probation officers, and mental health professionals–is not mandatory. But, the model parenting plan is a structured and guided approach for allotting the right amount of time that a child is to spend with each parent based on the child’s best interests.
The model parenting plan lists several factors to include when crafting a model plan. These factors include:
(1) level of tension of conflict between the parents;
(2) parenting skills already in place;
(3) child’s physical and emotional health;
(4) child’s temperament and adaptability to change;
(5) child’s developmental age and abilities;
(6) child’s daily schedule;
(7) availability of each parent;
(8) location of both parents;
(9) parent’s ability and willingness to learn basic care giving skills;
(10) sibling groups; and,
(11) close care-taking relationships.
Parents Benjamin and Sarah should evaluate their children’s needs and developmental levels to draft a plan. Then, a court would review their plans and either choose a plan, modify a plan, or establish a new plan that is in the best interests of their children.
Family and child law matters are nuanced and fact-based. Your family law matter is as unique as your family. If you need more information about Massachusetts family law, or if you are looking for an experienced Newburyport or Andover divorce lawyer or family law attorney, you may schedule a free consultation with our office. Call 978-225-9030 during regular business hours or complete a contact form, and our experienced family law lawyers will respond to your phone call or submission promptly.