In trying to equalize a parenting schedule, do you count “sleep time” and “school time” or only “awake time”? In a modification action, a Probate and Family Court judge changed the parenting schedule without finding a change in circumstances on the theory that the percentage of “awake time” (time that the “children were not at school, camp, or awake”) spent with each parent was roughly equivalent to the previous schedule. The Appeals Court reversed, noting that the law has not “neatly divided custodial parenthood into waking, sleeping, and schooling categories. Nor should it. Disregarding sleep or school time ignores that children get sick, have nightmares, and otherwise require their parent’s assistance at unexpected times.” Parents are always “on call,” the Appeals Court continued: “[t]he responsibilities of a parent do not end when a child is asleep, at school or day care, or otherwise outside of the parent’s presence.” Katzman v. Healy, 77 Mass.App.Ct. 589
Footer
Fields and Dennis LLP
80 William Street — Suite 210
Wellesley, MA 02481 USA
Directions
(781) 489-6776
contact@fieldsdennis.com
You can also find us on…
Recent Blogs
- Attorney Sheryl Dennis Quoted in the Boston Globe’s Coverage of Suffolk University’s Stahl Center Estate Dispute
- Attorney Jonathan Fields Speaking at MCLE Family Law Mediation Workshop 2026
- Attorney Jonathan Fields Named to Boston Magazine’s 2025 Top Lawyers List for the Fifth Consecutive Year
- Attorney Jonathan Fields Selected as a Top 100: Massachusetts Super Lawyers: 2020 – 2025
- Attorney Sheryl J. Dennis – Selected as a Massachusetts Super Lawyer 2015 – 2025
Contact Us
Please use the contact form below to email Fields and Dennis LLP.
