In Massachusetts, co-parenting arrangements are typically outlined in a parenting plan, which is part of the final divorce decree. This plan specifies each parent’s responsibilities regarding their children’s living arrangements, education, healthcare, and other important aspects of daily life. Massachusetts law emphasizes the best interests of the children, guiding all decisions related to custody and co-parenting arrangements.
The courts usually encourage joint legal custody, which means that both parents retain equal rights to make major decisions about their children’s upbringing concerning education, medical and religious issues. General exceptions to joint legal custody include cases of domestic violence, abuse of the children, substance abuse and mental health issues. Physical custody, however, can be joint or awarded to one parent, depending on various factors including the parents’ living situations, the children’s needs, the parents’ ability to cooperate and the best interests of the children.
Court Orders and Compliance
Following a divorce, all co-parenting actions must comply with the court-ordered parenting plan. Massachusetts courts can enforce these orders, and failure to adhere can lead to legal consequences such as being held in contempt of court. For instance, if one parent consistently refuses to adhere to the parenting schedule or makes unilateral decisions that should be joint, the other parent can petition the court for enforcement.
It is essential for co-parents to understand that any modifications to the parenting plan must be approved by the court. For example, if a parent needs to relocate for a job and it affects the established parenting schedule, they must seek court approval before making any changes.
Best Practices in Co-Parenting
Successful co-parenting involves clear communication, respect for the other parent’s relationship with the child, and a commitment to making joint parenting work. Experts recommend establishing a consistent routine for the child across both households and using written communication for sharing updates about the child’s life, which can help in avoiding conflicts.
An example of a typical co-parenting challenge might include disagreements over educational decisions or extracurricular activities. In such cases, Massachusetts law would require both parents to discuss these matters and reach a decision together, respecting the terms of their joint custody arrangement.
Parenting Plan Specifics
Parenting plans include a detailed schedule of the times each parent spends with the child, a protocol for holidays, vacations, school breaks and other special occasions. They should also have provisions for transportation and exchange of the child. Additionally, the law mandates that parents must notify each other about emergencies, significant changes in life circumstances, and issues that affect the child’s welfare.
Difficulties In Co-Parenting
Where parents do not get along or have difficulty co-parenting, Massachusetts courts may order parents to attend a parenting education program. These programs assist parents in managing the challenges of co-parenting and aim to minimize the emotional impact on children. There are high conflict programs for the more difficult co-parenting situations. Parents may require the assistance of a Parenting Coordinator to assist with communication and resolving dispute.
Best Interests of Your Children
Navigating the complexities of co-parenting in Massachusetts, especially understanding and fulfilling your legal obligations, can be daunting. If you are facing co-parenting issues or need assistance in creating or modifying a parenting plan, it is advisable to seek legal expertise. Consulting with an experienced family law attorney can provide you with the guidance needed to ensure that your rights and the best interests of your children are protected. Contact us today to discuss your co-parenting concerns and find out how the law firm of Berid & Schutzbank, LLC can help you achieve the best possible outcome for your family.
