PARENTING 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.: [________________________________]

Related Case Type:
☐ Complaint for Divorce (G.L. c. 208, § 1B)
☐ Complaint for Custody/Support/Parenting Time (G.L. c. 209C)
☐ Complaint for Separate Support (G.L. c. 209, § 32)
☐ Complaint for Modification (CJD 104)

I. PARTIES AND CHILD(REN)

A. Parents

Parent A:
Full Legal Name: [________________________________]
Current Address: [________________________________]
City/Town: [________________________________] County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]
Work Schedule: [________________________________]

Parent B:
Full Legal Name: [________________________________]
Current Address: [________________________________]
City/Town: [________________________________] County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]
Work Schedule: [________________________________]

Distance between Parents' homes: approximately [____] miles
Driving time between Parents' homes: approximately [____] minutes

B. Child(ren)

II. MASSACHUSETTS LEGAL FRAMEWORK

This Parenting Plan is prepared in accordance with the following Massachusetts statutes and case law:

A. Best Interests Standard. Under M.G.L. c. 208, § 31, the "happiness and welfare of the children" shall determine custody. The rights of the parents, in the absence of misconduct, are held to be equal.

B. No Presumption. Massachusetts has no statutory presumption for or against shared legal or shared physical custody at trial on the merits (M.G.L. c. 208, § 31), except that:
- Upon filing a divorce action, there is a default of temporary shared legal custody absent emergency, abuse, or neglect (M.G.L. c. 208, § 31)
- Under M.G.L. c. 208, § 31A, a finding of abuse creates a rebuttable presumption against custody to the abusive parent

C. Shared Custody Implementation Plan. When shared custody is sought, M.G.L. c. 208, § 31 requires the Parents to submit a shared custody implementation plan to the Court. This Parenting Plan serves as that implementation plan. The Court may accept, modify, or reject the submitted plan.

D. Child's Preference. Massachusetts has no set age at which a child's preference is determinative. The Court considers the child's expressed preference in light of the child's age, maturity, and reasoning ability. See Custody of Kali, 439 Mass. 834 (2003).

E. Promoting Relationship. The Court may consider each Parent's willingness to foster the child(ren)'s relationship with the other Parent as a factor in custody determinations (M.G.L. c. 208, § 31).

F. Parent Education. Pursuant to Standing Order 3-23, both Parents must complete the "Two Families Now" co-parenting education course within the timeframe specified by the Court.

III. CUSTODY DESIGNATION

A. Legal Custody

☐ Shared Legal Custody. Both Parents share the right and responsibility to make major decisions affecting the child(ren)'s welfare. Major decisions require good-faith consultation and mutual agreement.

☐ Sole Legal Custody to [________________________________]. This Parent has exclusive authority to make major decisions. The other Parent ☐ shall be notified ☐ may provide input but the designated Parent has final authority.

B. Physical Custody

☐ Shared Physical Custody. The child(ren) shall reside with both Parents on a schedule providing each Parent with frequent and significant parenting time.

☐ Primary Physical Custody to [________________________________]. The child(ren) shall reside primarily with this Parent. The other Parent shall have parenting time as scheduled below.

C. Primary Residence for Administrative Purposes

For purposes of school enrollment, voter registration, and mailing address, the child(ren)'s primary residence shall be:
Address: [________________________________]
School District: [________________________________]
(This designation does not alter the custody arrangement.)

IV. PARENTING TIME SCHEDULE

A. Regular Weekly Schedule

☐ Alternating Weeks (7/7):
Parent A: [____] (day) at [____] (time) through the following [____] (day) at [____] (time)
Parent B: The alternating week, same schedule
Midweek contact for off-duty Parent: [____] (day) from [____] to [____]

☐ 2-2-3 Rotation:
Week 1: Parent A — Mon/Tue; Parent B — Wed/Thu; Parent A — Fri/Sat/Sun
Week 2: Parent B — Mon/Tue; Parent A — Wed/Thu; Parent B — Fri/Sat/Sun
Exchanges at [____] (time)

☐ 5-2-2-5 Schedule:
Parent A — Every Mon/Tue
Parent B — Every Wed/Thu
Alternating Fri–Sun

☐ Primary Custody with Parenting Time:
Custodial Parent has the child(ren) during the week
Non-Custodial Parent has:
- Alternating weekends: Friday [____] to Sunday [____]
- Midweek: [____] (day) from [____] to [____]
- ☐ Includes overnight ☐ No overnight

☐ Custom Schedule:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Exchanges and Transitions

Exchange Location:
☐ At school (preferred method — minimizes direct parent contact)
☐ At the receiving Parent's home
☐ Neutral location: [________________________________]
☐ Police station: [________________________________] (if safety concerns exist)

Transportation:
☐ Receiving Parent picks up the child(ren)
☐ Delivering Parent drops off the child(ren)
☐ Shared: Parent A transports for [________________________________]; Parent B transports for [________________________________]
☐ Other: [________________________________]

Exchange Protocol:
- Exchanges shall occur punctually at the scheduled time
- If a Parent will be more than [____] minutes late, that Parent shall notify the other Parent immediately
- The child(ren) shall be ready with all necessary belongings, medications, homework, and comfort items at the time of exchange
- Neither Parent shall use the child(ren) as a messenger between households
- Parents shall refrain from conflict during exchanges

C. Overnight Threshold for Young Children

For child(ren) under age [____], the following modified schedule applies to account for developmental needs:
[________________________________]
[________________________________]
This modified schedule shall automatically transition to the regular schedule above when the child reaches age [____], unless the Parents agree or the Court orders otherwise.

V. MASSACHUSETTS HOLIDAY AND SCHOOL VACATION SCHEDULE

Massachusetts public schools observe specific vacation periods that differ from many other states, including February Vacation Week, April Vacation Week (often coinciding with Patriots' Day), and Patriots' Day (third Monday in April — a holiday unique to Massachusetts).

Holidays and school vacations supersede the regular parenting schedule.

A. Major Holidays

B. Special Days — Same Every Year

C. Religious Holidays

D. Three-Day Weekends

When a Monday holiday creates a three-day weekend, the Parent with the weekend also has Monday, unless the holiday schedule above specifies otherwise.

VI. SUMMER SCHEDULE

A. Summer Parenting Time

☐ Regular school-year schedule continues during summer.
☐ Modified summer schedule:
[________________________________]
[________________________________]

B. Extended Vacation Periods

Each Parent shall have [____] weeks of uninterrupted vacation time with the child(ren) during the summer, subject to:
- Written notice of selected dates by May 1 of each year
- Parent A selects first in ☐ even ☐ odd years; Parent B selects first in alternate years
- Vacation time supersedes the regular schedule
- Neither Parent's vacation shall overlap the other Parent's vacation or conflict with established summer programs without agreement
- The vacationing Parent shall provide the other Parent with itinerary, lodging, and emergency contact information at least [____] days before departure

C. Summer Camps and Programs

☐ Enrollment in summer camps or programs requires mutual agreement
☐ The Parent designating the camp shall bear [____]% of the cost; the other Parent [____]%
☐ Camp schedules take priority over the vacation schedule ☐ do not affect the vacation schedule

VII. DECISION-MAKING — MAJOR AND ROUTINE

A. Major Decisions (If Shared Legal Custody)

Major decisions require good-faith consultation and mutual agreement:

Education:
- School enrollment, school choice (public, private, charter, vocational, homeschool)
- Special education services — IEP, 504 Plan, evaluations
- Tutoring, remedial services, enrichment programs
- Grade retention or acceleration
- College planning and applications (older children)

Medical / Dental / Vision:
- Selection of primary care providers and specialists
- Non-emergency medical and dental procedures
- Ongoing medications
- Vaccinations (other than routine per CDC schedule)
- Elective procedures (orthodontics, elective surgery)
- Genetic testing or screening

Mental Health:
- Enrollment in therapy, counseling, or psychiatric care
- Selection of mental health providers
- Consent to psychological or neuropsychological evaluations
- Medications for mental health conditions

Religious:
☐ The child(ren) shall be raised in the [________________________________] faith tradition
☐ Each Parent may expose the child(ren) to their own faith during parenting time; major ceremonies (baptism, confirmation, bar/bat mitzvah, etc.) require mutual consent
☐ No formal religious education without mutual agreement

Extracurricular Activities:
- Enrollment in activities that affect the parenting schedule or involve significant cost requires discussion
- Once enrolled, both Parents shall cooperate with transportation and attendance

Other Major Decisions:
- Driver's education and licensing
- Employment (for teenagers)
- Social media accounts and access to electronic devices
- Body modification (piercings, tattoos — for older children)
- Travel outside the Commonwealth (see Section IX)

B. Decision-Making Process

1. The initiating Parent shall provide the other Parent with relevant information in writing
2. The other Parent shall respond within [____] calendar days
3. If Parents cannot agree, they shall attempt resolution through a parenting coordinator or mediator
4. If mediation fails, either Parent may file a motion with the Probate and Family Court
5. No major decision shall be implemented unilaterally while a dispute is pending, except in emergencies

C. Emergency Decisions

The Parent with physical custody may authorize emergency medical treatment without prior consultation when immediate action is necessary to prevent serious harm. The other Parent shall be notified as soon as practicable and in all cases within twenty-four (24) hours.

D. Routine Decisions

Each Parent has full authority to make day-to-day decisions during parenting time, including meals, bedtime, hygiene, homework supervision, social activities, and age-appropriate discipline.

VIII. COMMUNICATION

A. Between Parents

Method: ☐ Email ☐ Text ☐ Co-parenting application (OurFamilyWizard, TalkingParents, etc.) ☐ Phone ☐ Other: [________________________________]

Guidelines:
- All communications shall be respectful, child-focused, and business-like
- Response to non-emergency messages within [____] hours
- Emergency communications require immediate response
- Neither Parent shall use the child(ren) as messengers or intermediaries
- Parents shall not discuss adult issues (finances, dating, legal strategy) in child-related communications

B. Parent-Child Communication

• The non-residential Parent may contact the child(ren) ☐ daily ☐ every other day ☐ [____] times per week at approximately [____] via ☐ phone ☐ video call ☐ text (age-appropriate)
• The residential Parent shall ensure the child(ren) are available, have privacy, and have a 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
• Neither Parent shall punish or discourage the child(ren) for communicating with the other Parent

C. Access to Records and Information

Both Parents shall have full and equal access to:
- School records, online portals, report cards, and teacher communications (pursuant to M.G.L. c. 71, § 34H for non-custodial parents)
- Medical, dental, and mental health records
- Extracurricular activity schedules and communications
- Daycare and after-school care information

Both Parents shall:
- Be listed as authorized contacts at school, medical providers, and activity programs
- Attend parent-teacher conferences, school events, and performances
- Share report cards, medical information, and school notices promptly

D. Notice of Significant Events

Each Parent shall promptly notify the other (within 24 hours) of:
- Emergency, illness, or injury requiring medical attention
- Hospitalization or emergency room visit
- School disciplinary action
- Involvement of police or DCF (Department of Children and Families)
- Significant changes in the child(ren)'s behavior or emotional state
- Change of address, phone number, or employment
- Introduction of a new romantic partner to the child(ren)
- Any legal proceedings involving the child(ren)

IX. TRAVEL AND RELOCATION

A. Domestic Travel Within Massachusetts

Either Parent may travel with the child(ren) within the Commonwealth during parenting time without the other Parent's consent.

B. Domestic Travel Outside Massachusetts

☐ Either Parent may travel with the child(ren) outside Massachusetts during parenting time with [____] days' advance written notice, including itinerary, lodging, and emergency contact information.
☐ Travel outside Massachusetts requires the other Parent's written consent.

C. International Travel

International travel requires:
- Written consent of the other Parent at least [____] days in advance
- Consent shall not be unreasonably withheld
- The traveling Parent shall provide: complete itinerary, flight details, lodging information, emergency contacts, and return date
- Both Parents shall cooperate in obtaining/maintaining passports for the child(ren)
- The non-traveling Parent shall execute any necessary travel consent letters
- ☐ Child(ren)'s passport(s) shall be held by ☐ Parent A ☐ Parent B ☐ Attorney: [________________________________]

D. Relocation

Intrastate (within Massachusetts):
Either Parent intending to move shall provide at least sixty (60) days' written notice to the other Parent, including proposed new address, reason for move, and proposed modified schedule if needed.

Removal from the Commonwealth — Sole Custody (Yannas Standard):
If one Parent has sole physical custody, that Parent must meet the Yannas v. Frondistou-Yannas, 395 Mass. 704 (1985) "real advantage" test:
1. A good, sincere reason for the move without motive to deprive the other Parent of contact
2. Removal must serve the child(ren)'s best interests

Removal from the Commonwealth — Shared Custody (Mason Standard):
If Parents share physical custody, the Yannas "real advantage" test does not apply. Instead, the Court applies a full best-interests analysis under Mason v. Coleman, 447 Mass. 177 (2006), weighing the child(ren)'s relationships with both Parents.

☐ Neither Parent shall remove the child(ren) from the Commonwealth permanently without the other Parent's written consent or court order.
☐ Additional restrictions: [________________________________]

X. CHILD-REARING PROVISIONS

A. Consistency Across Households

Parents shall make reasonable efforts to maintain consistency in:
- Bedtimes and wake times (age-appropriate)
- Homework expectations and supervision
- Screen time and electronic device usage
- Discipline approaches (no corporal punishment by either Parent)
- Dietary needs, especially for medical conditions or allergies
- Medication schedules

B. Health and Safety

• Each Parent shall maintain the child(ren)'s regular medical, dental, and vision appointments
• Medications prescribed for the child(ren) shall travel between households with proper instructions
• Each Parent shall inform the other of all medical appointments and provide summaries of diagnoses, treatments, and follow-up instructions
• Both Parents shall ensure proper car seat / booster seat usage per Massachusetts law (M.G.L. c. 90, § 7AA)
• All firearms shall be stored in compliance with M.G.L. c. 140, § 131L — unloaded, in a locked container or with a tamper-resistant lock, ammunition stored separately

C. Substance Use

Neither Parent shall:
- Consume alcohol to the point of impairment during parenting time or within twelve (12) hours before parenting time begins
- Use any controlled substance (other than as lawfully prescribed) during parenting time or within twelve (12) hours before parenting time begins
- Smoke or vape in the child(ren)'s presence or in enclosed spaces (vehicle, home) where the child(ren) will be present

D. Introducing New Partners

If either Parent enters a significant romantic relationship:
- The Parent shall not introduce the new partner to the child(ren) until the relationship has been stable for at least [____] months
- The Parent shall notify the other Parent before introducing the child(ren) to the new partner
- No unrelated overnight romantic guest during parenting time until [________________________________]
- A new partner shall not assume a disciplinary role with the child(ren)

E. Childcare and Babysitting

• When childcare is needed during parenting time, the Parent shall first offer the time to the other Parent (Right of First Refusal — applies for absences exceeding [____] hours)
• Regular childcare providers shall be disclosed to the other Parent
• Neither Parent shall leave the child(ren) with caregivers not known to the other Parent for overnight periods without prior notice

F. Extracurricular Activities

• Both Parents shall support the child(ren)'s participation in agreed-upon extracurricular activities, including transportation to practices and events during parenting time
• Neither Parent shall schedule the child(ren) for new activities that affect the other Parent's parenting time without prior discussion
• Both Parents are welcome to attend games, performances, recitals, and other events
• Parents shall conduct themselves respectfully toward each other at child-related events

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

☐ No abuse. Neither Parent has a history of abuse as defined in M.G.L. c. 209A, § 1.

☐ History of abuse. The following safety measures are incorporated:

☐ No direct contact between Parents — exchanges at school or supervised location
☐ Communications limited to ☐ email ☐ co-parenting application
☐ 209A order in effect — Case No.: [________________________________]
☐ Supervised parenting time for [________________________________]
☐ No overnight parenting time for [________________________________]
☐ Drug/alcohol testing: ☐ Random ☐ Scheduled
☐ Batterer's intervention program completed / required
☐ GPS monitoring or check-in requirements
☐ Other: [________________________________]

Under M.G.L. c. 208, § 31A, the Court shall consider evidence of past or present abuse as a factor contrary to the child(ren)'s best interest. A finding of a pattern or serious incident of abuse creates a rebuttable presumption against custody to the abusive parent.

XII. GUARDIAN AD LITEM

☐ A Guardian ad Litem has been appointed under Standing Order 1-05.
Name: [________________________________]
Report filed: [__/__/____]
This Parenting Plan ☐ is consistent with ☐ departs from the GAL's recommendations.

☐ No GAL has been appointed.

☐ The parties request appointment of a GAL.

XIII. HEALTH INSURANCE AND FINANCIAL PROVISIONS

A. Health Insurance

☐ Parent A ☐ Parent B ☐ Both Parents shall maintain health, dental, and vision insurance for the child(ren).
Insurance carrier: [________________________________]
Policy number: [________________________________]

B. Unreimbursed Medical, Dental, and Mental Health Expenses

Co-pays, deductibles, and uncovered expenses shall be allocated:
☐ Equally (50/50)
☐ Proportional to income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

The Parent incurring the expense shall provide documentation within thirty (30) days. Reimbursement is due within thirty (30) days.

C. Childcare Costs

Childcare expenses for work-related purposes shall be allocated:
☐ Equally ☐ Proportional to income ☐ Other: [________________________________]

D. Extracurricular Activity Costs

Costs for mutually agreed-upon activities shall be allocated:
☐ Equally ☐ Proportional to income ☐ Other: [________________________________]

E. Child Support

☐ Child support is addressed in a separate agreement/order.
☐ Child support: [________________________________] shall pay $[________________________________] per ☐ week ☐ month to [________________________________], calculated pursuant to the Massachusetts Child Support Guidelines.

XIV. DISPUTE RESOLUTION

A. Direct Communication. Parents shall first attempt to resolve disputes through respectful, direct communication.

B. Parenting Coordinator. The Parents may engage a parenting coordinator to assist with day-to-day implementation and minor disputes.

C. Mediation. If direct communication fails, Parents shall attend mediation with a qualified family mediator before filing any motion with the Court. Cost: ☐ Shared equally ☐ Proportional to income ☐ Other: [________________________________].

D. Court. If mediation is unsuccessful, either Parent may file with the [________________________________] Division of the Probate and Family Court.

E. Exclusive Jurisdiction. Custody and parenting disputes remain within the exclusive jurisdiction of the Massachusetts Probate and Family Court and may not be arbitrated.

F. Emergency. Either Parent may seek emergency relief under M.G.L. c. 208, § 18 or M.G.L. c. 209A to protect the child(ren).

XV. MODIFICATION AND REVIEW

A. Modification Standard

This Parenting Plan may be modified by:
(a) Written agreement of both Parents, approved by the Probate and Family Court; or
(b) Order of the 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)).

B. Periodic Review

Parents agree to review this Parenting Plan:
☐ Annually, on or about [________________________________]
☐ When a child enters a new school level (elementary, middle, high school)
☐ When a child turns [____] years old
☐ Upon any significant change in either Parent's circumstances

Reviews are for discussion purposes; modifications require written agreement or court order.

C. Age-Based Transitions

The Parents acknowledge that the child(ren)'s needs change as they grow. The following transitions are contemplated:

• When the youngest child enters kindergarten: [________________________________]
• When a child enters middle school: [________________________________]
• When a child enters high school: [________________________________]
• When a child obtains a driver's license: [________________________________]
• When a child turns 18 (age of majority in Massachusetts): Custody provisions terminate, though child support may continue through age 23 for educational purposes per M.G.L. c. 208, § 28

XVI. GENERAL PROVISIONS

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

B. Shared Custody Implementation Plan. If shared custody is designated, this Parenting Plan serves as the shared custody implementation plan required by M.G.L. c. 208, § 31 and shall become part of the Judgment.

C. Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

D. Integration. This Plan, together with any court orders incorporating it, constitutes the complete understanding regarding parenting arrangements and supersedes all prior agreements.

E. Good Faith. Both Parents shall implement this Plan in good faith and in the spirit of cooperation.

F. Counterparts. This Plan may be executed in counterparts. Electronic signatures are valid.

XVII. EXECUTION

The undersigned Parents have read this Parenting Plan in its entirety, understand its terms, and execute it voluntarily, without coercion or duress, believing it to be in 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:
Signature: _________________________________
Name: [________________________________]
BBO No.: [________________________________]
Date: [__/__/____]

Attorney for Parent B:
Signature: _________________________________
Name: [________________________________]
BBO No.: [________________________________]
Date: [__/__/____]

ORDER OF THE COURT

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

Docket No.: [________________________________]

The Court, having reviewed the foregoing Parenting Plan and having found that:

1. The Plan serves the happiness and welfare of the child(ren) pursuant to M.G.L. c. 208, § 31;
2. The provisions of M.G.L. c. 208, § 31A (domestic violence considerations) have been addressed;
3. The shared custody implementation plan (if applicable) is adequate;
4. The Plan was entered into voluntarily by both Parents;

hereby APPROVES and INCORPORATES this Parenting Plan into the Judgment/Order.

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; Temporary Shared Legal Custody Default
• M.G.L. c. 208, § 31A — Abuse; Rebuttable Presumption Against Custody to Abuser
• M.G.L. c. 208, § 28 — Modification of Judgments; Child Support Through Age 23
• M.G.L. c. 208, § 1B — Divorce for Irretrievable Breakdown
• M.G.L. c. 209C, § 10 — Custody of Children Born to Unmarried Parents; Primary Caretaker Consideration
• M.G.L. c. 209A — Abuse Prevention Orders
• M.G.L. c. 140, § 131L — Safe Storage of Firearms
• M.G.L. c. 71, § 34H — Non-Custodial Parent Access to School Records
• M.G.L. c. 90, § 7AA — Child Passenger Safety
• Custody of Kali, 439 Mass. 834 (2003) — Best Interests; Modification Standard; Child's Preference
• Mason v. Coleman, 447 Mass. 177 (2006) — Shared Custody Relocation Framework
• Yannas v. Frondistou-Yannas, 395 Mass. 704 (1985) — Sole Custody Relocation "Real Advantage" Test
• Probate and Family Court Standing Order 3-23 — "Two Families Now" Co-Parenting Education
• Probate and Family Court Standing Order 2-17 — Family-Centered Case Resolution
• Probate and Family Court Standing Order 1-05 — Guardian ad Litem Appointments
• Massachusetts Child Support Guidelines: https://www.mass.gov/info-details/child-support-guidelines
• Filing for Custody or Parenting Time: https://www.mass.gov/guides/filing-for-child-custody-or-parenting-time-in-massachusetts
• Massachusetts Probate and Family Court: https://www.mass.gov/orgs/probate-and-family-court