Using,Massachusetts,Parenting, law Using a Massachusetts Parenting Plan
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Creatinga parenting plan in Massachusetts can be made much easier by havingan understanding of the laws concerning child custody and visitation.Making a parenting plan that is in accordance with Massachusetts lawwill ensure your plan will be adopted by the court. You can findthese laws in the Massachusetts General Laws, Title III, Chapter 208.It provides definitions for many terms used in court documents andshows what the court requires and expects in a parenting plan.InMassachusetts custody proceedings, a hearing will be held called a"trial of merits." At this trial, parents have theopportunity to submit a parenting plan, also known as a "sharedcustody implementation plan. The parents may submit the planeither individually or jointly. The court will then reject, accept ormodify the agreement(s).The main component of a Massachusettsparenting plan is a declaration of custody. The plan must clearlystate the type of custody the parents have. The various types ofcustody are defined in Chapter 208, Section 31:Solelegal custody This meansonly one parent has the right and responsibility to make decisionsregarding the child's medical and dental care, mental health care,educational needs, religious upbringing, moral development and othersignificant decisions.Sharedlegal custody This meansthat both parents are mutually involved and responsible for makingmajor decisions for the child.Solephysical custody This meansthe child primarily resides and is under the supervision of oneparent, while the other parent has reasonable visitation unless thecourt finds that visitation with the other parent would not be goodfor the child.Sharedphysical custody This meansthe child resides with each parent for periods of time in a way thatensures the child will have frequent and ongoing contact with bothparents.Aslong as there is no evidence of domestic violence, child abuse,substance abuse or any other situation that may endanger the child,parents in Massachusetts are considered to be equal in custodymatters. The ultimate determinant the court consider is the happinessand welfare of the child. Massachusetts believes that contact withboth parents for the child is needed unless there are circumstancesthat negate either parent to be unfit or unsafe for the child.Othercomponents of a parenting plan are explained in Section 31 of Chapter208. Once custody has been determined, a parenting time scheduleshould be made and should define the regular periods of time thechild has with each parent. A holiday schedule should be included aswell as a vacation schedule.A parenting plan should alsoinclude a statement acknowledging specific parental responsibilitiesto each, either and both parents. The court requires that a parentingplan have a dispute resolution plan as well. Evaluating yoursituation objectively will help you make a better parenting plan. Setyour differences aside and working with the other parent to create aneffective parenting plan with your child's best interests. If youcannot do that, each parent has to submit a parenting planindividually and the court will decide which is best for your child.
Using,Massachusetts,Parenting,