Do We Need to Notify a Massachusetts Court When Changing Our Child Time-Sharing Plan?
You and/or your co-parent may be interested in making changes. In Massachusetts, you should always notify the court of a material change. Within this blog post, our Peabody child custody attorney explains the key reasons why you should notify a court when changing a formal time-sharing plan in Massachusetts.
A Court Order Governs Parenting Time Until the Court Changes It
Once a Massachusetts Probate and Family Court issues a custody or parenting time order, that order remains legally binding until the court modifies it or until it expires because the child is an adult. There are certainly plenty of cases in which parents reach informal agreements to adjust schedules as children grow older or family routines change. That flexibility can work well in practice, but it does not replace the existing court order. Unless there has been an approved change, the original order is still what carries force of law. Indeed, Massachusetts courts treat parenting plans as enforceable judgments. If a dispute later arises, the court will look to the written order.
An informal agreement between parents may carry little real legal weight if it was never approved by the court. That issue becomes especially important if one parent later claims the other violated the order. A parent who relies on a handshake agreement may still face a complaint for contempt if the written order technically required a different schedule. For that reason, you should work with a Massachusetts family lawyer to get a formal change to an existing child time-sharing order. Doing so is best to protect your parental rights.
Note: The Commonwealth operates under a best interests of the child standard (M.G.L. c. 208, § 31) for child custody and child visitation cases. When a Massachusetts court approves a change to a time-sharing arrangement, it must determine that the best interests of the kid(s) are protected.
Notice Should Be Given for Material Changes, for One-Time Shifts Generally Not Needed
Imagine that you and your co-parent are on good terms. Something comes up and you agree that the time-sharing agreement should be changed for one night to deal with the circumstances. That one-time shift generally does not need any court notification. It is just parents working together. However, a material change, such as shifting who gets certain weekend nights going forward, is sufficiently different so that parents should notify the appropriate court.
Contact Our Peabody, MA Child Custody Lawyer for a Fully Confidential Case Review
At Reade Law Firm, PC, our Massachusetts child custody attorney is committed to protecting the rights of parents. If you have any questions about changing a child time-sharing plan, we can help. Contact us today to set up a completely confidential case review. From our Peabody law office, we handle child custody and child visitation cases in Essex County and throughout the broader region.
Source:
malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section31