Visitation or Parenting Plans in Massachusetts

Visitation and Parenting Plans

Depending on the custody agreement between parents, a judge may order a visitation or parenting plan. Having a written parenting plan on file with the court holds both parties accountable for time with the child. However, if you cannot form a parenting plan with the co-parent, a judge may determine what is best for the child and order a schedule that fits the child’s needs. At Sawin Law, P.C., we can help mediate between both parties, finding a visitation or parenting plan that has both you and your child’s best interest in mind.

Types of Custody

• Legal Custody: One or both parents can decide how to raise the child
• Physical Custody: Parent to which the child will live with primarily
• Joint Custody: Both parents share custody
• Sole Custody: One parent has physical custody, legal custody, or both. Courts may agree to visitations.

When writing a parenting plan, it is essential to be as specific as possible. Do not leave out holidays, school vacations, summer breaks, or birthdays. Parents can alternate major holidays in even and odd years or split holidays into half days. Also, note if family traditions should continue, especially if it interferes with the co-parents’ schedule.

Additional Things to Consider When Writing a Plan:

• Age of their children and their social life
• Family traditions or trips
• Transportation: to/from residence, school, other activities
• Special days: Mother’s day/Father’s day, birthdays
• Holidays and school vacation, summer break
• Education: transportation, school activities
• Health care: vaccines, emergencies
• How to resolve any future disputes

Parental Communication:
Communication is key. Speaking directly over the phone, sending a text, or an email is generally best for the child. Courts discharge using a child as a messenger as it could impact them emotionally. Having an open line of communication between parents can make things easier for you and your child. There may be times parents may disagree on things, and it will be necessary to have a dispute resolution plan. A knowledgeable lawyer from Sawin Law, P.C. can help create a parenting plan with you and your child’s best interest in mind.

While it is essential to have special days on a schedule, raising a child requires more than just time. The Family Probate Court may award child support, but there are other financial obligations to take into consideration and include in a parenting plan such as:

• Child tax credit
• Health Insurance, dental, medical bills
• Tuition costs
• Clothing
• Extracurricular activities

Circumstances that Require Additional Services:
In some cases, a judge may order mental health counseling, drug treatment, violence prevention, or parenting skills programs before supervised visitations can occur. Massachusetts State law prevents a child from visiting a parent convicted of first-degree murder of the other parent. Visitations are also not allowed unless the child is old enough to agree to the visitation, and the child’s legal guardian must also agree to the visitation.

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