JOINT CUSTODY AGREEMENT AND SHARED CUSTODY IMPLEMENTATION PLAN

Commonwealth of Massachusetts
Probate and Family Court Department

Division: [________________________________] Probate and Family Court
(e.g., Suffolk, Middlesex, Worcester, Norfolk, Essex, Plymouth, Bristol, Hampden, Hampshire, Berkshire, Franklin, Barnstable, Dukes, Nantucket)

Docket No.: [________________________________]

Case Type:
☐ Complaint for Divorce pursuant to G.L. c. 208, § 1B
☐ Complaint for Custody/Support/Parenting Time pursuant to G.L. c. 209C
☐ Complaint for Separate Support pursuant to G.L. c. 209, § 32

I. PARTIES

Parent A:
Full Legal Name: [________________________________]
Current Address: [________________________________]
City/Town: [________________________________] State: MA ZIP: [____]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]
Attorney (if any): [________________________________] BBO No.: [________________________________]

Parent B:
Full Legal Name: [________________________________]
Current Address: [________________________________]
City/Town: [________________________________] State: MA ZIP: [____]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]
Attorney (if any): [________________________________] BBO No.: [________________________________]

II. MINOR CHILD(REN)

III. RECITALS AND MASSACHUSETTS LEGAL FRAMEWORK

A. The Parents are the legal parents of the child(ren) identified above.

B. The Parents desire to establish a joint custody arrangement — encompassing both shared legal custody and shared physical custody — that serves the happiness and welfare of the child(ren) as required by M.G.L. c. 208, § 31.

C. Under Massachusetts law, there is no statutory presumption in favor of or against shared custody at the time of trial on the merits (M.G.L. c. 208, § 31), except as provided in § 31A concerning domestic violence.

D. Pursuant to M.G.L. c. 208, § 31, when shared custody is sought, the Parents must submit a shared custody implementation plan for the Court's review. This Agreement serves as that implementation plan and, upon court approval, shall become part of the Judgment.

E. Both Parents acknowledge their ability to cooperate effectively in matters concerning the child(ren) and agree that frequent and continuing contact with both Parents serves the child(ren)'s best interests.

F. Both Parents have completed (or will complete within the required timeframe) the "Two Families Now" co-parenting education course as mandated by Probate and Family Court Standing Order 3-23.

IV. SHARED LEGAL CUSTODY

A. Grant of Shared Legal Custody

Both Parents shall share legal custody of the child(ren). Each Parent has equal right and responsibility to participate in major decisions affecting the child(ren)'s welfare, including but not limited to:

• Education: School enrollment, school choice (public, private, charter, vocational, homeschool), special education services (IEP/504 plans), tutoring, grade retention or acceleration
• Medical Care: Selection of primary care physicians, dentists, specialists; non-emergency medical procedures; ongoing medications; vaccinations; surgical procedures
• Mental Health: Therapy, counseling, psychiatric care, psychological evaluations
• Religious Upbringing: Religious education, participation in religious ceremonies and observances
• Extracurricular Activities: Enrollment in sports, music, arts, clubs, or competitive programs that affect the parenting schedule or involve significant expense
• Travel: International travel or travel outside the Commonwealth exceeding [____] days

B. Decision-Making Process

1. Consultation: Before making any major decision, the initiating Parent shall provide the other Parent with all relevant information and a reasonable opportunity to discuss the matter. Communication may occur in person, by telephone, by email, or through a co-parenting application.

2. Good-Faith Effort: Both Parents shall approach major decisions with flexibility, open-mindedness, and the child(ren)'s best interests as the paramount consideration.

3. Timeframe for Response: Unless an emergency exists, the non-initiating Parent shall respond to a request for a decision within [____] calendar days. Failure to respond within this period shall be deemed consent to the proposed decision.

4. Impasse Resolution: If Parents cannot agree on a major decision after good-faith effort, they shall:
   - First, attempt to resolve the impasse through a parenting coordinator or family mediator
   - If mediation fails, either Parent may file a motion with the Probate and Family Court for resolution
   - The Court retains exclusive jurisdiction over all custody and parenting matters

C. Emergency Decisions

The Parent exercising parenting time may authorize emergency medical or dental treatment when immediate action is necessary to prevent serious harm. That Parent shall notify the other Parent as soon as reasonably practicable, and in no event later than twenty-four (24) hours after the emergency.

D. Routine Day-to-Day Decisions

Each Parent shall have authority to make routine day-to-day decisions during that Parent's parenting time, including meals, bedtime, homework, hygiene, social activities, and age-appropriate discipline.

V. SHARED PHYSICAL CUSTODY — PARENTING SCHEDULE

A. Shared Physical Custody Arrangement

The child(ren) shall reside with both Parents on a shared physical custody basis, with each Parent having significant periods of parenting time as set forth below.

Primary Residence for School Enrollment Purposes:
The child(ren)'s primary residence for school enrollment and mailing purposes shall be with ☐ Parent A ☐ Parent B at the address listed in Section I. This designation does not affect the shared nature of physical custody.

School District: [________________________________]
School Name: [________________________________]

B. Regular Parenting Schedule

☐ Option 1 — Alternating Weeks (7/7):
Parent A: Sunday at [____] through the following Sunday at [____]
Parent B: The alternating week on the same schedule.
Midweek contact: The off-duty Parent shall have a midweek visit on ☐ Wednesday ☐ [____] from [____] to [____].

☐ Option 2 — 2-2-3 Rotation:
Week 1: Parent A has Monday and Tuesday; Parent B has Wednesday and Thursday; Parent A has Friday through Sunday.
Week 2: Parent B has Monday and Tuesday; Parent A has Wednesday and Thursday; Parent B has Friday through Sunday.
Exchanges occur at [____] (time).

☐ Option 3 — 5-2-2-5 Schedule:
Parent A has Monday and Tuesday every week.
Parent B has Wednesday and Thursday every week.
Friday through Sunday alternates between Parents.

☐ Option 4 — Custom Schedule:
[________________________________]
[________________________________]
[________________________________]

C. Exchanges and Transitions

• Exchange Location: ☐ At school (preferred — reduces direct parent contact) ☐ At [________________________________] ☐ At the receiving Parent's residence
• Transportation: ☐ Receiving Parent picks up ☐ Delivering Parent drops off ☐ Shared equally ☐ Other: [________________________________]
• Exchange Protocol: Exchanges shall occur punctually. If a Parent will be more than fifteen (15) minutes late, that Parent shall notify the other Parent immediately. Repeated late exchanges may constitute grounds for modification.

D. Holiday and School Vacation Schedule

Massachusetts public schools observe specific vacation periods that differ from other states. The holiday schedule shall supersede the regular parenting schedule.

E. Summer Schedule

During summer vacation (approximately late June through Labor Day):

☐ Regular parenting schedule continues without modification.
☐ Modified summer schedule: [________________________________]

Each Parent shall have up to [____] weeks of uninterrupted vacation time with the child(ren) during the summer. Vacation selections shall be communicated in writing by May 1. Parent A has first selection in ☐ even ☐ odd years; Parent B in alternate years. Neither Parent's vacation shall conflict with the child(ren)'s established summer programs without mutual agreement.

F. Right of First Refusal

When either Parent is unable to exercise scheduled parenting time for more than [____] consecutive hours, that Parent shall first offer the time to the other Parent before arranging alternative childcare. The other Parent shall respond within [____] hours of receiving the offer.

VI. COMMUNICATION

A. Parent-to-Parent Communication

• Method: ☐ Email ☐ Text message ☐ Co-parenting application (e.g., OurFamilyWizard, TalkingParents) ☐ Other: [________________________________]
• Tone: All communications shall be respectful, child-focused, and business-like.
• Response Time: Each Parent shall respond to non-emergency communications within [____] hours.

B. Parent-Child Communication

• The Parent not exercising parenting time may have ☐ daily ☐ every other day telephone or video contact with the child(ren) at approximately [____] (time), lasting no more than [____] minutes.
• The Parent with the child(ren) shall ensure the child(ren) are available for scheduled calls and shall provide a private space and functioning device.
• Neither Parent shall monitor, record, or listen to the child(ren)'s conversations with the other Parent.
• The child(ren) may initiate contact with either Parent at any reasonable time.

C. Information Sharing

Both Parents shall have full and equal access to:
- School records, report cards, teacher communications, and online school portals
- Medical, dental, and mental health records and providers
- Extracurricular activity schedules, coach/instructor communications
- Daycare or after-school care information

Both Parents shall be listed as authorized contacts at the child(ren)'s school, medical providers, and activity programs. Each Parent shall promptly share with the other:
- Report cards, progress reports, and IEP/504 documents
- Medical test results, diagnoses, and treatment plans
- Notices of school events, performances, and parent-teacher conferences

VII. DOMESTIC VIOLENCE DISCLOSURE — M.G.L. c. 208, § 31A

☐ No abuse. Neither Parent has committed abuse as defined in M.G.L. c. 209A, § 1 against the other Parent or the child(ren). No 209A Abuse Prevention Order has been issued or is pending.

☐ Abuse history acknowledged. The Court has found, or the parties acknowledge, a pattern or serious incident of abuse. Under M.G.L. c. 208, § 31A, there is a rebuttable presumption that shared custody is not in the child(ren)'s best interests when abuse is found. The Parents represent that this presumption has been addressed as follows:
[________________________________]
[________________________________]

VIII. RELOCATION

A. Notice Requirement

Either Parent intending to change residence shall provide the other Parent with written notice at least sixty (60) days before the proposed move, including:
- The proposed new address
- The reason for the move
- A proposed revised parenting schedule

B. Intrastate Relocation

Relocation within the Commonwealth of Massachusetts that does not substantially impair the parenting schedule requires sixty (60) days' written notice but not the other Parent's consent. If the relocation would substantially impair the existing schedule, the Parents shall negotiate a modified schedule or seek court intervention.

C. Out-of-State Removal

Under Mason v. Coleman, 447 Mass. 177 (2006), when Parents share physical custody, the Yannas "real advantage" test does not apply. Instead, the Court applies a full best-interests analysis, weighing the child(ren)'s relationships with both Parents. Neither Parent may remove the child(ren) from the Commonwealth without:
(a) Written consent of the other Parent; or
(b) An order of the Probate and Family Court after hearing.

IX. ADDITIONAL COVENANTS

A. Non-Disparagement

Neither Parent shall make negative, derogatory, or disparaging remarks about the other Parent, the other Parent's family, or the other Parent's household in the child(ren)'s presence or through social media in a manner accessible to the child(ren).

B. Promoting the Parent-Child Relationship

Each Parent shall actively encourage and foster the child(ren)'s relationship with the other Parent and the other Parent's extended family. The Court may consider a Parent's willingness to promote the child(ren)'s relationship with the other Parent when evaluating custody matters. See M.G.L. c. 208, § 31.

C. Consistency Across Households

Parents shall make reasonable efforts to maintain consistency in bedtimes, homework expectations, discipline, and household rules. Parents shall communicate about the child(ren)'s routines, developmental progress, and behavioral concerns.

D. Substance Use

Neither Parent shall use illegal substances or consume alcohol to the point of impairment during parenting time or within twelve (12) hours before parenting time begins.

E. Firearms

All firearms shall be stored in compliance with M.G.L. c. 140, § 131L (Massachusetts safe storage law) — unloaded, in a locked container or equipped with a tamper-resistant lock, with ammunition stored separately, inaccessible to the child(ren).

F. Introduction of New Partners

If either Parent develops a significant romantic relationship, that Parent shall introduce the new partner to the child(ren) gradually and only after the relationship has become stable. Neither Parent shall have an unrelated overnight guest of a romantic nature during parenting time until [________________________________] (specify condition or timeframe).

G. Attendance at Child(ren)'s Events

Both Parents are welcome and encouraged to attend the child(ren)'s school functions, sporting events, performances, and other activities. Parents shall conduct themselves respectfully toward each other and shall not create conflict at the child(ren)'s events.

X. HEALTH INSURANCE AND MEDICAL EXPENSES

Health Insurance:
☐ Parent A ☐ Parent B ☐ Both Parents shall maintain comprehensive health, dental, and vision insurance for the child(ren).

Unreimbursed Medical/Dental/Mental Health Expenses:
Unreimbursed medical expenses (co-pays, deductibles, expenses not covered by insurance) shall be allocated:
☐ Equally (50/50)
☐ Proportional to income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

The Parent incurring the expense shall provide documentation to the other Parent within thirty (30) days. The responsible Parent shall reimburse within thirty (30) days of receiving documentation.

XI. DISPUTE RESOLUTION

A. Good-Faith Communication. Parents shall first attempt to resolve disagreements through direct, respectful communication.

B. Parenting Coordinator. The Parents may, by mutual agreement or court order, engage a parenting coordinator to assist with implementation of this Agreement and resolution of day-to-day disputes.

C. Mediation. If direct communication fails, the Parents shall participate in mediation with a qualified family mediator before filing any motion with the Court. Mediation costs shall be shared ☐ equally ☐ proportionally ☐ as follows: [________________________________].

D. Court Proceedings. If mediation is unsuccessful, either Parent may seek relief from the [________________________________] Division of the Probate and Family Court.

E. Exclusive Jurisdiction. All custody and parenting matters remain within the exclusive jurisdiction of the Massachusetts Probate and Family Court. Custody disputes may not be submitted to binding arbitration.

F. Emergency Relief. Nothing in this section prevents either Parent from seeking emergency relief to protect the child(ren)'s safety or welfare.

XII. MODIFICATION

This Agreement may be modified only by:
(a) Written agreement of both Parents approved by the Probate and Family Court; or
(b) Order of the Probate and Family Court upon a showing of a material and significant change in circumstances affecting the child(ren)'s best interests (M.G.L. c. 208, § 28; Custody of Kali, 439 Mass. 834 (2003)).

Either Parent may file a Complaint for Modification (CJD 104) or, if both agree, a Joint Petition/Motion to Change (CJD 124).

XIII. GENERAL PROVISIONS

A. Governing Law. This Agreement is governed by the laws of the Commonwealth of Massachusetts.

B. Severability. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

C. Integration. This Agreement, together with any court orders incorporating it, constitutes the entire understanding between the Parents regarding custody and parenting of the child(ren) and supersedes all prior agreements or understandings.

D. Shared Custody Implementation Plan. This Agreement serves as the shared custody implementation plan required by M.G.L. c. 208, § 31. Upon approval by the Court, it shall become part of the Judgment.

E. Annual Review. Parents agree to review this Agreement annually on or about [________________________________] (date) and to negotiate modifications in good faith as the child(ren)'s needs evolve.

F. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. Electronic signatures shall be valid and binding.

XIV. EXECUTION

The undersigned Parents have read this Agreement in its entirety, understand its terms, and execute it voluntarily without coercion or duress, believing it to serve the best interests of the child(ren).

Parent A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Parent B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

COUNSEL CERTIFICATION (if applicable)

Attorney for Parent A:
I certify that I have reviewed this Agreement with my client and that my client understands its terms and executes it voluntarily.

Signature: _________________________________
Name: [________________________________]
BBO No.: [________________________________]
Address: [________________________________]
Date: [__/__/____]

Attorney for Parent B:

Signature: _________________________________
Name: [________________________________]
BBO No.: [________________________________]
Address: [________________________________]
Date: [__/__/____]

ORDER OF THE COURT

Commonwealth of Massachusetts
Probate and Family Court Department
[________________________________] Division

Docket No.: [________________________________]

The Court, having reviewed the foregoing Joint Custody Agreement and Shared Custody Implementation Plan, and having found that:

1. The Agreement serves the happiness and welfare of the child(ren) pursuant to M.G.L. c. 208, § 31;
2. The shared custody implementation plan is adequate and in the child(ren)'s best interests;
3. The provisions of M.G.L. c. 208, § 31A have been satisfied;
4. The Agreement was entered into voluntarily by both Parents;

hereby APPROVES and INCORPORATES this Agreement, including the shared custody implementation plan, into the Judgment.

SO ORDERED.

Date: [__/__/____]

_________________________________
Justice, Probate and Family Court

Sources and References

• M.G.L. c. 208, § 31 — Custody of Children; Shared Custody Plans; No Presumption For or Against Shared Custody
• M.G.L. c. 208, § 31A — Abuse; Rebuttable Presumption Against Custody to Abuser
• M.G.L. c. 208, § 1B — Irretrievable Breakdown Divorce
• M.G.L. c. 208, § 28 — Modification Standard
• M.G.L. c. 209C, § 10 — Custody of Children Born to Unmarried Parents
• M.G.L. c. 140, § 131L — Safe Storage of Firearms
• Mason v. Coleman, 447 Mass. 177 (2006) — Shared custody relocation framework
• Custody of Kali, 439 Mass. 834 (2003) — Best interests analysis; modification standard
• Yannas v. Frondistou-Yannas, 395 Mass. 704 (1985) — Sole custody relocation test (inapplicable to shared custody)
• Probate and Family Court Standing Order 3-23 — "Two Families Now" Co-Parenting Education
• Probate and Family Court Standing Order 1-05 — Guardian ad Litem Appointments
• Massachusetts Probate and Family Court: https://www.mass.gov/orgs/probate-and-family-court
• Filing for Custody or Parenting Time: https://www.mass.gov/guides/filing-for-child-custody-or-parenting-time-in-massachusetts