When a couple gets divorced, separated, of files a complaint to establish custody and support, the Probate and Family Court in Massachusetts demands a parenting plan from the parties to such an action. While parenting plans are fairly straightforward to draft, an attorney experienced in child welfare specifically, and child welfare in general, is an invaluable asset to a parent so that parent may anticipate what a Massachusetts Probate and Family Court may allow and what provisions in the parenting plan a judge may balk at.
What is a Parenting Plan?
Parenting plans identify key components which describe how the child will be cared for despite the disruption that is taking place in this child’s or children’s life or lives when parents go their separate ways. The key components to a parenting plan are as follows:
Custody
There are two distinct aspects of custody according to Massachusetts law: physical custody and legal custody. Physical custody refers to which parent will have total or majority physical control and “possession” of the child. Legal custody, in this context, refers to which parent may make educational, medical and other decisions on behalf of the child.
The Parenting Plan must address how each party will deal with both physical and legal custody. An ideal plan will name the parent that will have physical custody on the one hand, and will define for each party how educational, medical and other important decisions are made; for example, jointly and how disagreements are handled in this event, or by one party.
Time Spent with Each Parent
The Parenting Plan ought to spell out when the parenting time starts for each parent. For example, Parent A “commencing 1/17/17, Father will have parenting time every other Saturday from 12pm-6pm” and Parent B “commencing 2/4/17, Father will have parenting time every other Saturday from 12pm-Sunday 6pm.” This example would demonstrate that the Father receives a progressive increase in parenting time over time, while Mother (as she is not mentioned) will have parenting time the remainder of the time.
Holidays also must be dealt with in the Parenting Plan, and should include all legal and other holidays to avoid the potential of future conflicts between the parents.
Where Does the Exchange of the Children Take Place?
The Parenting Plan should clearly identify where the children are to be exchanged. It seems strange to speak of a child or children in such terms, that is, describing them as being “exchanged” or “transferred” between parents. However, when a divorce or custody battle ensues between two parties, the stakes are very high and although it will almost always be the case that parents do not intend to treat their children as possessions, this is in fact what often happens as an emotional tug of war begins.
Having experienced many instances where parents encounter dangerous situations from the other parent, or alternatively, are falsely accused of wrongdoing during an exchange, it is very wise to conduct an exchange of children in a very public place. Ideally, most exchanges should occur at the police station or even inside of a police station where possible to prevent potential difficulties during the exchange.
It is understandable for tensions to be running high between the parties when exchanging children is at issue, as both parents likely feel as though they have the right to their child or they are the most fit parent. It is also often the case that one side’s feelings that they may be more fit or better suited to parenting is true, however, this exchange must still occur. For this reason, it is a very good idea to conduct exchanges in public. Although public exchange of children will not prevent every possible negative outcome, such a practice may certainly assist with prevention.
Modification of a Parenting Plan in Massachusetts
Clients will often ask, “can a parenting plan be modified once it has been agreed upon and approved by the court?” The answer to this question depends, in part, upon the terms of the agreement that has been signed. For example, it is common to see the following language in a parenting plan: “if mutually agreed upon in writing (text, email, etc.) the parties may alter the parenting plan dates or times. If such changes are not agreeable to one party, parties must continue to abide by the parenting plan as agreed to by the Court on this date.”
In other words, parents are able to change the parenting plan, in a parenting plan like the one above. But, if any changes are made, that are unagreeable to one party, the original plan stays in place or is reverted back to depending upon the situation. If you currently have a parenting plan and would like some explanation of what your rights are to change or modify that plan, contact our offices. Please understand that each parenting plan is unique, and only an attorney with experience in what is allowable by law or likely to be approved by a Massachusetts court will be able to provide advice that can assist you in your specific circumstances.
Phone or Video Calls During Other Parents Parenting Time
Whether or not either parent may communicate with the children during the other parent’s visitation with the children, depends upon the language in the parenting plan. Some parenting plans will have language such as “parties are allowed to have phone calls or video calls with the minor child during the other parent’s time.”
If the language of the parenting plan is equal to that in the previous paragraph, the parent with the children will have to allow the other parent some time for phone or video calls. Again, contact our offices so that we can review your specific parenting plan.
Dealing with Unforeseen Issues
Not all parenting plans are created equal. Errors in drafting the parenting plan, and failing to include provisions for common problems occur frequently. Have your parenting plan drafted by someone who can foresee the likely issues that may arise in your case.
Signatures and Court Approval
The plan will be signed by all parties and attorneys, and once approved by the court will stand as an order of the court. So, you want to be very sure that you agree to all terms included in the parenting plan to avoid (as much as possible) having to return to the court to modify the plan.
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