Massachusetts Sole Custody Agreement

SOLE CUSTODY AGREEMENT

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:
☐ Joint Petition for Divorce pursuant to G.L. c. 208, § 1A
☐ Complaint for Divorce pursuant to G.L. c. 208, § 1B
☐ Complaint for Divorce pursuant to G.L. c. 208, § 1 (ground: [________])
☐ Complaint for Custody/Support/Parenting Time pursuant to G.L. c. 209C
☐ Complaint for Separate Support pursuant to G.L. c. 209, § 32
☐ Other: [________________________________]

I. PARTIES

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

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

II. MINOR CHILD(REN)

III. RECITALS AND LEGAL BASIS UNDER MASSACHUSETTS LAW

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

B. Under M.G.L. c. 208, § 31, the happiness and welfare of the children shall determine their custody. The rights of the parents shall, in the absence of misconduct, be held to be equal.

C. In a covered action involving a child of the marriage, M.G.L. c. 208, § 31 generally provides temporary shared legal custody until judgment, absent emergency, abuse, or neglect, subject to a court order with the required findings. It creates no temporary shared physical-custody presumption. At trial on the merits, § 31 provides no presumption for or against shared legal or physical custody, except as provided in § 31A.

D. The Parents agree — or the Court has determined — that it is in the child(ren)'s best interests for the Custodial Parent to have sole legal custody and sole physical custody of the child(ren), based on the following circumstances:

☐ Geographic distance between Parents' residences that makes shared custody impractical
☐ Inability of Parents to communicate or cooperate effectively regarding the child(ren)
☐ History of domestic violence or abuse (see Section VIII — M.G.L. c. 208, § 31A)
☐ Substance abuse issues affecting parental fitness
☐ Mental health concerns affecting parental fitness
☐ One Parent's prolonged absence, incarceration, or unavailability
☐ Child(ren)'s preference given age and maturity
☐ Other: [________________________________]

E. If ordered by the Court under Probate and Family Court Standing Order 3-23, each Parent will complete the "Two Families Now" co-parenting education course within the timeframe set by the Court.

IV. SOLE LEGAL CUSTODY

A. Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren) with exclusive authority to make all major decisions regarding the child(ren)'s welfare, including:

• Education: School enrollment and choice (public, private, charter, vocational, homeschool); special education services (IEP/504 plans); grade retention or acceleration; tutoring; college planning
• Medical Care: Selection of physicians, dentists, and specialists; authorization of medical and dental procedures; medications; vaccinations; surgical procedures
• Mental Health: Enrollment in therapy, counseling, or psychiatric treatment; selection of mental health providers; consent to psychological evaluations
• Religious Upbringing: Religious education, denomination, participation in religious ceremonies and practices
• Extracurricular Activities: Enrollment in sports, arts, music, clubs, camps, and other organized activities
• Travel: Authorization of domestic and international travel
• Legal Matters: Decisions about military enlistment, name change, or other lawful actions on behalf of a minor, subject to any separate consent or court requirements; Massachusetts does not permit marriage under age 18 (M.G.L. c. 207, § 7)

B. Notification to Non-Custodial Parent

Although the Custodial Parent holds sole decision-making authority, the Custodial Parent shall:

☐ Notify the Non-Custodial Parent of major decisions within [____] days of making the decision
☐ Provide the Non-Custodial Parent with an opportunity to provide input before making major decisions, though the Custodial Parent retains final authority
☐ No notification required (select only where court has specifically ordered limited or no contact)

C. Emergency Medical Decisions

Either Parent may authorize emergency medical treatment when the child(ren) are in that Parent's care and immediate action is required to prevent serious harm. The other Parent shall be notified as soon as reasonably practicable.

D. Access to Records

The Non-Custodial Parent may access the child(ren)'s records, subject to applicable law and any protective or custody order:

• Public-school records, report cards, and progress reports if eligible under M.G.L. c. 71, § 34H and requested in writing from the school principal; the school must follow the statute's notice process and any record-access restrictions
• Medical, dental, and mental health records (unless restricted by court order)
• Extracurricular activity schedules and communications

Both Parents shall be listed as emergency contacts at the child(ren)'s school and medical providers unless a court order prohibits such listing.

V. SOLE PHYSICAL CUSTODY AND PARENTING TIME

A. Grant of Sole Physical Custody

The child(ren) shall reside primarily with the Custodial Parent at the address listed in Section I.

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

B. Non-Custodial Parent Parenting Time

The Non-Custodial Parent shall have parenting time as follows:

☐ Standard Parenting Time Schedule:

☐ Expanded Parenting Time Schedule:

☐ Supervised Parenting Time:

Parenting time shall be supervised due to: ☐ Court order ☐ History of abuse (M.G.L. c. 208, § 31A) ☐ Substance abuse concerns ☐ Reintroduction after prolonged absence ☐ Other: [________________________________]

• Frequency: [________________________________]
• Duration: [________________________________]
• Supervisor: ☐ Professional supervisor at [________________________________] (supervised visitation center) ☐ Mutually agreed third party: [________________________________] ☐ Court-appointed supervisor
• Supervision costs: ☐ Non-Custodial Parent ☐ Shared ☐ Other: [________________________________]
• Review of supervision: The supervision requirement shall be reviewed by the Court or by agreement of the Parents every [____] months. The supervised Parent may petition for unsupervised parenting time upon demonstrating: [________________________________]

☐ Custom Schedule: [________________________________]

C. Holiday and School Vacation Schedule

Massachusetts public schools observe unique vacation periods including February Vacation Week, April Vacation Week, and Patriots' Day. The holiday schedule supersedes the regular parenting time schedule.

D. Summer Parenting Time

The Non-Custodial Parent shall have [____] weeks of parenting time during summer vacation, subject to:

• Written notice of preferred dates by May 1
• The Custodial Parent's dates take priority if there is a scheduling conflict
• Summer parenting time may be ☐ consecutive ☐ non-consecutive ☐ as agreed
• The Non-Custodial Parent shall provide an itinerary, lodging information, and emergency contact information for any travel during summer parenting time

E. Exchanges

• Location: ☐ Custodial Parent's residence ☐ School ☐ Neutral public location: [________________________________] ☐ Police station (if safety concerns exist): [________________________________]
• Transportation: ☐ Non-Custodial Parent responsible for pickup and return ☐ Shared ☐ Other: [________________________________]
• Punctuality: Exchanges shall occur at the scheduled time. If the Non-Custodial Parent is more than thirty (30) minutes late without notice, parenting time for that period is forfeited. Chronic tardiness may be grounds for modification.

F. Right of First Refusal

☐ Applicable. If the Custodial Parent will be unavailable to care for the child(ren) for more than [____] consecutive hours, the Custodial Parent shall first offer the Non-Custodial Parent the opportunity to provide care before arranging third-party childcare.

☐ Not applicable.

VI. COMMUNICATION

A. Parent-Child Communication During Non-Custodial Time

The Custodial Parent shall facilitate reasonable telephone and/or video communication between the Non-Custodial Parent and the child(ren):

• Frequency: ☐ Daily ☐ Every other day ☐ [____] times per week
• Preferred time: [____]
• Maximum duration: [____] minutes
• The Custodial Parent shall not monitor, interfere with, or restrict these communications except for reasonable screen-time management

B. Parent-Child Communication During Non-Custodial Parent's Parenting Time

The Non-Custodial Parent shall facilitate the child(ren)'s contact with the Custodial Parent during parenting time under similar terms as above.

C. Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of:

• Any emergency, illness, or injury requiring medical attention
• Hospitalization
• Involvement of police, DCF (Department of Children and Families), or emergency services
• School disciplinary action (suspension, expulsion)
• Any significant change in the child(ren)'s health or behavior

D. Change of Address or Contact Information

Each Parent shall provide the other Parent with at least thirty (30) days' written notice of any change in address, telephone number, or email address.

VII. RELOCATION — REMOVAL FROM THE COMMONWEALTH

A. Intrastate Relocation

The Custodial Parent may relocate with the child(ren) within the Commonwealth of Massachusetts, provided:

• Sixty (60) days' written notice is given to the Non-Custodial Parent
• The notice includes the proposed new address, reason for the move, and proposed modified parenting time schedule (if needed)
• If the relocation substantially impairs the Non-Custodial Parent's parenting time, the Parents shall negotiate a modified schedule or either Parent may seek court intervention

B. Out-of-State Removal — Yannas v. Frondistou-Yannas Standard

Under Yannas v. Frondistou-Yannas, 395 Mass. 704 (1985), the Custodial Parent seeking to permanently remove the child(ren) from the Commonwealth must demonstrate:

1. "Real Advantage" to the Move: A good, sincere reason for wanting to relocate — such as employment, remarriage, proximity to family support, or educational opportunities — without a motive to deprive the Non-Custodial Parent of parenting time; AND
2. Best Interests of the Child(ren): That removal serves the child(ren)'s best interests, which is the Court's paramount concern.

Where M.G.L. c. 208, § 30 applies to a minor child of divorced parents who is a native of Massachusetts or has resided here for five years and whose custody and maintenance are within the Probate and Family Court's jurisdiction, neither Parent may remove the child from the Commonwealth without the consent of a child of suitable age to consent, or, if the child is younger, the consent of both Parents, unless the Court orders otherwise for cause shown. Sole custody does not itself waive this rule.

☐ Additional relocation restrictions: [________________________________]

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

☐ No abuse reported. Neither Parent reports conduct toward the other Parent or the child(ren) meeting M.G.L. c. 208, § 31A's abuse definition, including attempted or actual bodily injury or reasonable fear of imminent bodily injury. Any allegations or protective orders are disclosed below for the Court's review.

☐ History of abuse — Rebuttable Presumption Applied. The Court has found by a preponderance of the evidence that a pattern or serious incident of abuse has occurred. Under M.G.L. c. 208, § 31A, there is a rebuttable presumption that it is not in the child(ren)'s best interests to be placed in custody with the abusive parent. This sole custody arrangement is consistent with that presumption.

The following safety provisions apply:
☐ No direct contact between Parents at exchanges — exchanges shall occur at [________________________________]
☐ Communication limited to ☐ email ☐ co-parenting application only
☐ 209A order currently in effect — Case No.: [________________________________]. All terms of this Agreement are consistent with the 209A order.
☐ Supervised parenting time required (see Section V.B)
☐ No overnight parenting time
☐ Substance abuse testing required before or during parenting time
☐ Completion of batterer's intervention program required: [________________________________]
☐ Other: [________________________________]

IX. GUARDIAN AD LITEM

☐ A Guardian ad Litem/investigator was appointed by the Court. If appointed for a Category F investigation, Standing Order 1-05 governs the investigator's standards.

• GAL: [________________________________]
• Report Date: [__/__/____]
• This Agreement ☐ is consistent with ☐ departs from the GAL's recommendations.
• If departing, the basis is: [________________________________]

☐ No GAL was appointed.

X. ADDITIONAL COVENANTS AND RESTRICTIONS

A. Non-Disparagement

Neither Parent shall make negative, derogatory, or disparaging remarks about the other Parent in the child(ren)'s presence, within the child(ren)'s hearing, or through social media or other communications accessible to the child(ren).

B. Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority, the child(ren)'s residence, school enrollment, or daily routines.

C. Anti-Alienation

Neither Parent shall engage in conduct designed to alienate the child(ren) from the other Parent, undermine the parent-child relationship, or discourage the child(ren) from participating in scheduled parenting time.

D. Substance Use

Neither Parent shall consume alcohol to the point of impairment or use controlled substances (other than as lawfully prescribed) during parenting time or within twelve (12) hours before parenting time begins.

E. Firearms Safety

All firearms shall be stored in compliance with M.G.L. c. 140, § 131L, in a locked container or with a properly engaged tamper-resistant mechanical lock or other safety device that renders the firearm inoperable by anyone other than its owner or other lawfully authorized user.

F. Timely Return of Child(ren)

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent at the scheduled time and location. Failure to return the child(ren) without reasonable cause may constitute grounds for contempt, modification of parenting time, or criminal charges under M.G.L. c. 265, § 26A (parental kidnapping).

G. Child(ren)'s Belongings

Each Parent shall ensure that the child(ren)'s clothing, school materials, medications, and personal items travel with the child(ren) between households. Neither Parent shall withhold the child(ren)'s belongings as leverage.

XI. HEALTH INSURANCE AND EXPENSES

Health Insurance:
☐ Custodial Parent ☐ Non-Custodial Parent shall maintain health, dental, and vision insurance for the child(ren).

Unreimbursed Medical Expenses:
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. The Parents propose Custodial Parent [____]% / Non-Custodial Parent [____]%, subject to court approval. Extraordinary medical and dental/vision expenses, including mental health care, will be handled by agreement or court order case by case.

Documentation of expenses shall be provided within thirty (30) days. Reimbursement is due within thirty (30) days of documentation.

XII. ENFORCEMENT AND REMEDIES

A. Contempt

Violation of this Agreement, once incorporated into a court order, may be enforced through a Complaint for Contempt (CJD 103) filed in the Probate and Family Court.

B. Denial of Parenting Time

Denial of court-ordered parenting time without good cause may result in:

• Make-up parenting time
• Modification of the custody arrangement
• Contempt finding
• Award of attorney's fees to the aggrieved Parent

C. Modification

Either Parent may seek modification upon findings of a material and substantial change in the parties' circumstances and that modification is necessary in the child(ren)'s best interests (M.G.L. c. 208, § 28).

D. Emergency Relief

During a pending divorce action, either Parent may petition for protective relief under M.G.L. c. 208, § 18. After judgment, either Parent may seek urgent custody relief in a modification proceeding under § 28. Abuse-prevention relief may be available under c. 209A where its requirements are met.

XIII. DISPUTE RESOLUTION

A. Parents may attempt direct, good-faith communication when safe and permitted by any protective order.

B. Parents may voluntarily use a qualified family mediator when safe and consistent with any protective order. Mediation is not required before seeking court relief; a court may not compel mediation of a ch. 209A case (M.G.L. c. 209A, § 3). If used, cost shall be shared ☐ equally ☐ proportionally ☐ as follows: [________________________________].

C. Either Parent may file appropriate pleadings with the [________________________________] Division of the Probate and Family Court, whether or not mediation was attempted.

D. The Parents shall seek orders under this Agreement in their Probate and Family Court case, without limiting relief another court may order under applicable law, including M.G.L. c. 209A. The Parents agree not to submit custody or parenting time changes to binding arbitration.

XIV. 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 continue in full effect.

C. Integration. This Agreement constitutes the entire understanding regarding custody and parenting time and supersedes all prior agreements.

D. Counterparts. This Agreement may be executed in counterparts. Electronic signatures are valid.

E. Court Approval. This Agreement shall be submitted to the Probate and Family Court for approval and, upon approval, shall be incorporated into the Judgment or Order.

XV. EXECUTION

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

Custodial Parent:

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

Non-Custodial Parent:

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

COUNSEL CERTIFICATION (if applicable)

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

Attorney for Non-Custodial Parent:
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 Sole Custody Agreement and having found that:

1. Sole legal and physical custody to the Custodial Parent 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 have been satisfied;
3. The parenting time schedule serves the child(ren)'s best interests;
4. The Agreement was entered into voluntarily by both Parents;

hereby APPROVES and INCORPORATES this Agreement into the Judgment.

SO ORDERED.

Date: [__/__/____]

_________________________________
Justice, Probate and Family Court

Sources and References

• M.G.L. c. 208, § 31 — Custody of Children; Happiness and Welfare Standard
• M.G.L. c. 208, § 31A — Abuse; Rebuttable Presumption Against Custody to Abuser
• M.G.L. c. 208, § 28 — Modification of Custody Judgments
• M.G.L. c. 209C, § 10 — Custody of Children Born to Unmarried Parents
• M.G.L. c. 209A — Abuse Prevention Orders
• M.G.L. c. 140, § 131L — Safe Storage of Firearms
• M.G.L. c. 265, § 26A — Parental Kidnapping
• M.G.L. c. 71, § 34H — Non-Custodial Parent Access to School Records
• Yannas v. Frondistou-Yannas, 395 Mass. 704 (1985) — "Real Advantage" Relocation Test for Sole Custody
• Custody of Kali, 439 Mass. 834 (2003) — Best Interests Analysis
• Probate and Family Court Standing Order 3-23 — "Two Families Now" Co-Parenting Education
• Probate and Family Court Standing Order 1-05 — Standards for Guardians ad Litem/Investigators
• Massachusetts Probate and Family Court: https://www.mass.gov/orgs/probate-and-family-court
• Child Custody and Parenting Time: https://www.mass.gov/child-custody-and-parenting-time