The resources on this page contain valuable information about co-parenting and are specifically related to families that are co-parenting in Massachusetts.
As a Co-parent, if you always consider the best interest of your child, you will make decisions that support their development and provide them with a positive upbringing. By putting the child first, you an your co-parent can reduce conflict and promote a healthier and more positive co-parenting relationship.
A co-parenting class at the point of divorce or therapy when the need arises can go a long way to helping you and your co-parent focus on your child.
In Massachusetts, Courts apply the best interest standard to ensure children caught in the middle of a divorce or separation are provided with a safe, stable, and nurturing environment, and that their physical, emotional, and psychological needs are met.
Parenting Education Classes are required in Massachusetts in divorce proceedings and Child Custody cases, so that co-parents are better equipped to put aside their differences, and work together in the best interest of the child
Probate and Family Court wants to make sure that co-parents are aware of their children’s emotional needs and understand the effects of divorce on the child’s behavior and development.
CUSTODY, PLACEMENT, AND VISITATION
On Child Custody, the Massachusetts Family Courts determine who gets custody of a child based on the child’s best interests. Other factors, such as who the primary caregiver of the child was during the marriage or relationship, also go a long way toward determining who and what kind of custody is given to the parents.
Both Parents can File for Child Custody, however, the mother has sole legal and physical custody if the parents are not married, and the father would need to establish paternity before he is able to seek custody of the child.
According to the Home State Rule, your child must live within Massachusetts for at least 6 months before you can file for custody as a parent in the state. However, custody can be arranged for children as old as 23 years in special situations. Some of the necessary forms to file for custody as a married or unmarried parent are also listed.
You can request temporary Custody while the child custody case goes through the system if you need an immediate child custody or parenting time order.
Paternity for Unmarried Parents can be established voluntarily when both parents agree and are willing to sign the papers that show who the father is. If either you or your co-parent does not agree, then the judge decides the paternity of your child.
Different types of child Custody Arrangements including sole legal custody, shared legal custody, sole physical custody, and shared physical custody, can be awarded to parents by the Family Courts in Massachusetts.
As regards the Visitation Schedule, you and your co-parent can submit a parenting plan to the court, but the court will only approve the plan if it decides that it is fully in the best interest of the child.
Your Rights as the Custodial Parent must not interfere in a way that is detrimental to the rights of the non-custodial parent, as the courts will always consider and uphold the parenting time rights of the non-custodial parent.
The Court can Change a Child Custody or Parenting Time Order if at any point you and your ex-partner decide that the best interests of the child are not met by the existing arrangement or if the circumstances of the other parent have changed since the decision was made. You can find what forms need filing in each of these situations here.
When you’ve been abused, you can file for a restraining order against your partner for you and your child. This type of protective order will temporarily determine custody and parenting time.
Supervised Visitation is important if your co-parent has a problem that could put your child’s life in danger, and the courts in Massachusetts prefer to appoint one that you and your co-parent can agree on. The supervisor can stop a visit if the child is believed to be unsafe in the meeting.
CUSTODY DECISIONS
In Massachusetts, the judge takes into account your child’s past and present living conditions, and the effect such conditions have had on the child when making custody decisions. The court will award parenting time to the non-custodial parent, and choose to adopt or modify or outrightly reject a parenting time or visitation schedule and order a different parenting arrangement as per the child’s best interest.
The Judge makes a custody decision based on the best interest of your child. If your co-parent is better able to provide for your child’s basic needs including food, clothing, shelter, emotional support, and supervision amongst other needs, the judge will grant primary custody to your co-parent.
The Child’s Preference might be considered along with other factors and is not in itself the deciding factor for a physical custody award. However, children of 18 years and above, are legally able to decide where they will live.
The Probate and Family Court in Massachusetts handles Child Custody Cases, child support, and most other cases that involve families.
LAWS
Massachusetts law about child custody and parenting time; A list of applicable laws, selected case studies, and general information relating to child custody, visitation, and parenting agreements.
General Laws relating to child custody, in Massachusetts
Child Custody Arrangements recognized under Massachusetts law and how your marital status can affect your case.
SELF HELP RESOURCES
Service centers in Massachusetts are available if you need help filling any of the required forms, or if you want to know which court you should go to, or the court rules procedures, and practices
Create a comprehensive parenting plan with visitation schedules, that can be filed in the Court if you need to or that you and your co-parent can agree to implement where no custody battle is needed.
Free Benefits Calculator for calculating child credits and other entitlements you can claim.
Filing for Custody without a Lawyer
Massachusetts Probate Court Locations
Massachusetts Lawyer’s Directory by City
CONFLICT RESOLUTION
Resolving Conflict with your co-parent is a big responsibility and a key part of co-parenting. Learning proper communication, picking your battles, and always putting your child’s best interest first will go a long way toward ensuring peaceful and cooperative co-parenting.
Strategies to overcome conflicts in co-parenting
Types of Co-parenting include parallel, cooperative, and conflicted co-parenting. While cooperative co-parenting is in the best interest of your child, it is not always possible. However, where it is an option, you and your co-parents should do your possible best to improve your relationship and create a healthy environment for your child to thrive.
OTHER RESOURCES
Massachusetts Co-Parenting tips, books, apps, and considerations
Father’s Rights can easily be established, whether in a marriage relationship or not, if the father stays involved in the child’s life and lives responsibly. Some helpful tips to ensure you do not lose your rights as a father if there is a separation or divorce are listed here.
TAX CREDIT DECISIONS
Only one Parent can claim a qualifying child as a dependent, and there are tie-breaker rules if the child is a qualifying child for more than one parent.
Child and Dependent Related Credits explain the different types of credit, and how to claim a credit on your tax return.
BLENDED AND STEPFAMILIES
Helpful Tips to prepare co-parents for the challenge of blending families and co-parenting with an ex. This kind of situation requires a lot of patience and work, as you and your co-parent have to work to find a balance, and do what is best for the child,
Planning Blended Families is important so that co-parents and step-families have a chance to make adjustments and get used to the idea instead of trying to make many changes at once.
Some Challenges Blended Families face
SUPPORT BOOKS AND RESOURCES
Planning for shared parenting: A guide for parents living apart
A list of Helpful booklets, brochures, and pamphlets for co-parents and children
