Child Custody Agreement - Massachusetts

CHILD CUSTODY AND PARENTING AGREEMENT

(Commonwealth of Massachusetts)

TABLE OF CONTENTS

1. Article I – Document Header
2. Article II – Definitions

3. Article III – Operative Provisions
   3.1 Legal Custody
   3.2 Physical Custody & Parenting Schedule
   3.3 Holidays, Vacations, & Special Occasions
   3.4 Decision-Making Authority
   3.5 Communication, Transportation & Exchanges
   3.6 Access to Information & Records
   3.7 Child Support & Financial Matters
   3.8 Relocation
   3.9 Right of First Refusal
   3.10 Best-Interest Acknowledgment
   3.11 Modification & Review

4. Article IV – Representations & Warranties

5. Article V – Covenants & Restrictions
6. Article VI – Default & Remedies
7. Article VII – Risk Allocation
8. Article VIII – Dispute Resolution
9. Article IX – General Provisions
10. Article X – Execution Block

ARTICLE I – DOCUMENT HEADER

This Child Custody and Parenting Agreement (this “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [PARENT A NAME], residing at [ADDRESS] (hereinafter “Parent A”); and
• [PARENT B NAME], residing at [ADDRESS] (hereinafter “Parent B”, and together with Parent A, the “Parents”).

The Parents are the lawful parents of the minor child(ren) identified below (each, a “Child” and collectively, the “Children”):

Recitals
A. The Parents desire to resolve all issues relating to legal custody, physical custody, parenting time, and related matters concerning the Children in their best interests. Their case concerns ☐ custody in a divorce under Mass. Gen. Laws ch. 208, § 28, or ☐ custody of a nonmarital child under Mass. Gen. Laws ch. 209C, § 10. For the latter route, identify the adjudication or voluntary acknowledgment of parentage: [______________________________].
B. The Parents intend that this Agreement be incorporated, but not merged, into any future Judgment or Order of the Massachusetts Probate and Family Court having jurisdiction (“Court”).
C. In entering into this Agreement, the Parents have considered the statutory best-interest factors, current visitation standards, and relocation rules applicable in the Commonwealth of Massachusetts.

NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parents agree as follows:

ARTICLE II – DEFINITIONS

For purposes of this Agreement, capitalized terms shall have the meanings set forth below. Undefined capitalized terms shall have the meanings commonly ascribed under Massachusetts family law.

“Agreement” has the meaning ascribed in the Preamble.

“Best Interest Standard” means the statutory and common-law factors applied by Massachusetts courts to determine the welfare of the Children, including, without limitation, the stability of the Children’s environment, the Parents’ respective abilities to meet the Children’s needs, and the encouragement of the Children’s relationship with each Parent.

“Child” or “Children” has the meaning set forth in Article I.

“Court” means the Probate and Family Court Department of the Commonwealth of Massachusetts, [COUNTY] Division, or any successor court of competent jurisdiction.

“Holiday Schedule” means the allocation of parenting time for federal, state, religious, and school-recognized holidays as set forth in Section 3.3(b).

“Legal Custody” means decision-making authority regarding the Children’s major life issues, including education, medical and dental care, mental-health treatment, and religious upbringing.

“Parenting Schedule” means the recurring allocation of Physical Custody set forth in Section 3.2.

“Parenting Time” means the period during which a Parent has Physical Custody of the Children.

“Physical Custody” means the routine daily care and residential arrangement for the Children.

“Relocation” means a change of the Children’s primary residence that would significantly impair the non-relocating Parent’s ability to exercise Parenting Time as currently ordered.

ARTICLE III – OPERATIVE PROVISIONS

3.1 Legal Custody

(a) The Parents shall share joint Legal Custody of the Children. Each Parent shall participate fully in and have equal rights concerning major decisions affecting the Children.

(b) Day-to-day decisions occurring exclusively during a Parent’s Parenting Time shall be made by that Parent, provided such decisions are consistent with the Children’s best interests and the terms of this Agreement.

3.2 Physical Custody & Parenting Schedule

(a) Designation. Physical Custody shall be [choose one: (i) shared; or (ii) primary to Parent [A/B] with Parenting Time to the other Parent as detailed below].

(b) Weekly Parenting Schedule. Unless otherwise mutually agreed in writing:
• [WEEKLY SCHEDULE PLACEHOLDER]
e.g., Parent A: Monday after school – Thursday morning; Parent B: Thursday after school – Monday morning.

(c) Exchange Logistics. Exchanges shall occur at [LOCATION] at [TIME], unless the Parents mutually agree to an alternate arrangement with at least 24 hours’ written notice.

3.3 Holidays, Vacations & Special Occasions

(a) School Vacations. The February and April school vacation weeks shall alternate annually, commencing [YEAR] with Parent [A/B]. The summer vacation schedule is set forth in Appendix A.

(b) Holiday Schedule. The Parents agree to the following rotation (odd years listed first):

(c) Mother’s/Father’s Day & Birthdays. Each Parent shall have Parenting Time with the Children on their respective legal or traditional parental day and on each Child’s birthday, from [TIME] to [TIME], regardless of the standard schedule.

3.4 Decision-Making Authority

(a) Major Decisions. Each Parent shall confer with the other at least 48 hours in advance (or sooner if exigent circumstances exist) before making any major decision affecting the Children.

(b) Emergency Medical Care. Either Parent may authorize emergency medical treatment; however, the treating Parent must notify the other Parent immediately and provide written medical documentation within 24 hours.

3.5 Communication, Transportation & Exchanges

(a) Child-to-Parent Communication. Each Parent shall encourage free communication between the Children and the other Parent by telephone, video, or electronic means no less than [NUMBER] times per week during reasonable hours.

(b) Transportation. The receiving Parent shall be responsible for transportation at the commencement of that Parent’s Parenting Time unless otherwise agreed.

(c) No Disparagement. The Parents shall not speak negatively about one another in the Children’s presence or permit others to do so.

3.6 Access to Information & Records

In a divorce case, Mass. Gen. Laws ch. 208, § 31 provides that a custody order does not by itself negate or impede a non-custodial parent’s access to the Children’s academic, medical, hospital, or other health records as that parent would have had access if the order had not entered. Access remains subject to any specific Court Order and other applicable confidentiality law. Each Parent shall promptly furnish the other with copies of records received to the extent disclosure is permitted.

3.7 Child Support & Financial Matters

(a) Separate Order. Child support shall be determined in accordance with the Massachusetts Child Support Guidelines and addressed in a separate Court Order.

(b) Uninsured Expenses. Under the 2025 Child Support Guidelines, the support recipient pays the first $250 each year in combined routine out-of-pocket and uninsured medical and dental/vision expenses for all Children covered by the order. The court allocates routine expenses above that amount in the support order; the Parents propose Parent A [____]% and Parent B [____]%. Extraordinary medical and dental/vision expenses, including orthodontic or psychological care, will be addressed by agreement or court order case by case. Mutually approved extracurricular costs will be shared [________________________________]. Reimbursement requests shall be made in writing within 30 days of payment and reimbursed within 30 days of receipt, subject to the court order.

3.8 Relocation

(a) Neither Parent shall Relocate with the Children outside the Commonwealth of Massachusetts, or to a location within Massachusetts that would materially affect the current Parenting Schedule, without:
(i) the prior written consent of the non-relocating Parent; or
(ii) an Order of the Court approving the Relocation. For removal from Massachusetts covered by Mass. Gen. Laws ch. 208, § 30, the Court may order removal upon cause shown. For a parent with primary physical custody, the Court applies the Yannas real-advantage framework together with the Children's best interests; when the Parents share physical custody, it applies the Mason best-interests framework. The Court determines which standard fits the actual custody arrangement.

(b) The relocating Parent shall provide at least 60 days’ prior written notice stating the proposed relocation date, address, reasons, and a revised Parenting Schedule proposal.

3.9 Right of First Refusal

If a Parent will be unavailable to exercise Parenting Time for a continuous period exceeding [HOURS], that Parent shall offer the time to the other Parent before making alternate childcare arrangements.

3.10 Best-Interest Acknowledgment

The Parents acknowledge that all provisions of this Agreement are intended to serve the Children’s best interests and that any interpretation or implementation shall be guided accordingly.

3.11 Modification & Review

This Agreement may be modified only by a written instrument signed by both Parents and approved by the Court, or by further Order of the Court upon a showing of a material and substantial change in circumstances.

ARTICLE IV – REPRESENTATIONS & WARRANTIES

4.1 Each Parent represents and warrants that:
(a) he or she is the biological/legal parent of each Child and is legally authorized to enter into this Agreement;
(b) no prior agreement, order, or pending proceeding governs the custody of the Children except as disclosed in Schedule 1;
(c) all information provided to the other Parent concerning the Children’s health, education, and welfare is true, complete, and accurate to the best of his or her knowledge; and
(d) he or she has entered into this Agreement voluntarily, without duress or undue influence, and after having had the opportunity to seek independent legal advice.

4.2 The representations and warranties set forth in this Article shall survive the execution and Court incorporation of this Agreement.

ARTICLE V – COVENANTS & RESTRICTIONS

5.1 Compliance with Court Orders. Each Parent shall comply fully with this Agreement and any subsequent Court Orders.

5.2 Substance Use. Neither Parent shall consume alcohol or use illicit drugs during Parenting Time or within four (4) hours prior thereto. Prescription medication shall be used only as directed.

5.3 Firearms & Weapons. All firearms shall be stored unloaded in a locked container with ammunition kept separately, in compliance with Massachusetts law.

5.4 Non-Interference. Each Parent shall foster a loving and nurturing relationship between the Children and the other Parent and shall not interfere with or impede Parenting Time.

5.5 Notice Obligations. Each Parent shall provide the other with current residential addresses, telephone numbers, employer information, and emergency contacts, and shall update such information within 48 hours of any change.

5.6 Monitoring & Compliance Meetings. Upon written request by either Parent not more than twice per calendar year, the Parents shall meet (in person or virtually) to review compliance and discuss adjustments to the Parenting Schedule.

ARTICLE VI – DEFAULT & REMEDIES

6.1 Events of Default. A Parent shall be in default under this Agreement upon:
(a) willful failure to comply with the Parenting Schedule;
(b) denial of court-ordered access to records or information;
(c) unauthorized Relocation; or
(d) material breach of any other covenant herein.

6.2 Notice & Cure. Except in emergencies affecting the Children’s safety, a non-breaching Parent shall provide written notice describing the alleged default and a ten-day cure period before seeking judicial intervention.

6.3 Remedies. Upon default, the non-breaching Parent may seek:
(a) enforcement or contempt proceedings in the Court;
(b) make-up Parenting Time of equal duration;
(c) attorney’s fees and costs incurred in enforcing this Agreement; and
(d) any other relief in the Children’s best interests.

6.4 Attorney’s Fees. The defaulting Parent shall reimburse the non-defaulting Parent for all reasonable attorney’s fees and costs incurred due to the default, subject to the Court’s discretion.

ARTICLE VII – RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each Parent shall indemnify, defend, and hold harmless the other Parent from and against any and all claims, losses, liabilities, damages, or expenses (including reasonable attorney’s fees) arising from that Parent’s breach of this Agreement or willful misconduct that adversely affects the health, safety, or welfare of the Children.

7.2 Limitation of Liability. No limitation of liability shall apply where a Parent’s conduct endangers the Children.

7.3 Insurance. Each Parent shall maintain health insurance coverage for the Children as available through employment or governmental programs and consistent with any standing Court Order.

7.4 Force Majeure. Parenting obligations may be temporarily suspended, without default, for events beyond a Parent’s reasonable control (e.g., natural disasters, severe illness). The affected Parent shall notify the other immediately and work cooperatively to reschedule any missed Parenting Time.

ARTICLE VIII – DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic-relations laws of the Commonwealth of Massachusetts.

8.2 Court Jurisdiction. A custody dispute shall be brought before a court with jurisdiction and proper venue. This Agreement does not confer exclusive jurisdiction on a particular court or override the interstate custody rules in M.G.L. c. 209B, § 2.

8.3 Facilitated Dispute Resolution. Except in emergencies, the Parents shall first attempt to resolve disputes through one of the following, at their joint election:
(a) mediation with a mediator mutually selected and paid [equally/by Parent A/by Parent B]; or
(b) parenting coordination with a coordinator who meets the applicable qualifications in Probate and Family Court Standing Order 1-17.

8.4 Arbitration. The Parents may agree in writing to use arbitration for an appropriate dispute, including a parenting dispute. Any resulting change to custody or parenting terms shall be submitted to a court with jurisdiction for approval.

8.5 Injunctive Relief. Nothing herein limits either Parent’s right to seek immediate injunctive relief from the Court to protect the Children or to prevent a violation of the Relocation provisions.

ARTICLE IX – GENERAL PROVISIONS

9.1 Amendment & Waiver. Any amendment must be in a written instrument signed by both Parents and approved by the Court. No waiver of any provision shall be deemed a waiver of any other provision, nor a continuing waiver.

9.2 Assignment. Neither Parent may assign or delegate any rights or obligations under this Agreement.

9.3 Successors & Assigns. This Agreement shall inure to the benefit of and be binding upon the Parents and their respective heirs, legal representatives, and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, such provision shall be reformed to the minimum extent necessary to render it valid, and the remaining provisions shall remain in full force and effect.

9.5 Integration. This Agreement constitutes the entire agreement between the Parents concerning custody and supersedes all prior negotiations and agreements, whether written or oral, on the subject matter herein.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Facsimile, scanned, or electronic signatures (including via DocuSign or similar platforms) shall be deemed originals for all purposes.

ARTICLE X – EXECUTION BLOCK

IN WITNESS WHEREOF, the Parents have executed this Child Custody and Parenting Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT (Optional but recommended)

State/Commonwealth of __________________
County of __________________

On this ____ day of __________, 20____, before me, the undersigned notary public, personally appeared [PARENT A NAME] and [PARENT B NAME]. Each was proved to me through satisfactory evidence of identification—[TYPE OF IDENTIFICATION FOR PARENT A] and [TYPE OF IDENTIFICATION FOR PARENT B], respectively—to be the person whose name is signed on this document, and each acknowledged signing it voluntarily for its stated purpose.

__________________________________
Notary Public
My Commission Expires: _______________