Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1506 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1331 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1506
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Colleen M. Garry
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to child custody when either parent is on active military duty.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/10/2023 1 of 4
16	16	HOUSE DOCKET, NO. 1331 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1506
18	18	By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1506) of Colleen
19	19	M. Garry relative to child custody when parents are on active military duty. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1594 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to child custody when either parent is on active military duty.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 1) Amend Section 31A of Chapter 208 by adding at the end thereof the following:
31	31	2 (a) A party's absence, relocation, or failure to comply with custody and parenting time
32	32	3orders shall not be considered in determining whether to modify a custody or parenting order if
33	33	4the reason for the absence, relocation, or failure to comply is the party's activation to military
34	34	5duty or temporary duty, mobilization in support of combat or other military operation, or military
35	35	6deployment out of state.
36	36	7 (b) If a party with sole or joint physical custody or parenting time receives temporary
37	37	8duty, deployment, or mobilization orders from the military that requires the party to move a
38	38	9substantial distance from his or her residence or otherwise has a material effect on the ability of
39	39	10the party to exercise custody or parenting time rights, the court may do both of the following: 2 of 4
40	40	11 (1) Issue a temporary custody or parenting time order for the period extending from the
41	41	12date of the party's departure to the date of his or her return. This temporary custody or parenting
42	42	13time order shall terminate upon the return of the party, at which time the prior custody or
43	43	14parenting time order shall return to effect.
44	44	15 (2) Issue an order delegating all or part of the party's parenting time rights to a family
45	45	16member with a close relationship to the child, or a stepparent of the child, for the purpose of
46	46	17ensuring that the child's contact with the party is frequent and continued while the party is
47	47	18deployed, mobilized, or on temporary duty, if the court finds that delegating parenting time
48	48	19rights is in the best interest of the child.
49	49	20 (c) If a party's deployment, mobilization, or temporary duty will have a material effect
50	50	21on his or her ability, or anticipated ability, to appear in person at a regularly scheduled hearing,
51	51	22the court shall do either of the following:
52	52	23 The following terms have the following meanings:
53	53	24 (d) "Deployment" means the temporary transfer of a member of the Armed Forces in
54	54	25active-duty status in support of combat or some other military operation.
55	55	26 "Mobilization" means the transfer of a member of the National Guard or Military Reserve
56	56	27to extended active-duty status, but does not include National Guard or Military Reserve annual
57	57	28training.
58	58	29 "Temporary duty" means the transfer of a service member from one military base to a
59	59	30different location, usually another base, for a limited period of time to accomplish training or to
60	60	31assist in the performance of a noncombat mission. 3 of 4
61	61	32
62	62	33 (1) Upon motion of the party, hold an expedited hearing to determine custody and
63	63	34parenting issues prior to the departure of the party.
64	64	35 (2) Upon motion of the party, allow the party to present testimony and evidence by
65	65	36electronic means, including, but not limited to, telephone, video teleconferencing, or the Internet.
66	66	37 2) Amend Section 11 of Chapter 209C by adding at the end thereof the following:
67	67	38 (a)A party's absence, relocation, or failure to comply with custody and parenting time
68	68	39orders shall not be considered in determining whether to modify a custody or parenting order if
69	69	40the reason for the absence, relocation, or failure to comply is the party's activation to military
70	70	41duty or temporary duty, mobilization in support of combat or other military operation, or military
71	71	42deployment out of state.
72	72	43 (b) If a party with sole or joint physical custody or parenting time receives temporary
73	73	44duty, deployment, or mobilization orders from the military that requires the party to move a
74	74	45substantial distance from his or her residence or otherwise has a material effect on the ability of
75	75	46the party to exercise custody or parenting time rights, the court may do both of the following:
76	76	47 (1) Issue a temporary custody or parenting time order for the period extending from the
77	77	48date of the party's departure to the date of his or her return. This temporary custody or parenting
78	78	49time order shall terminate upon the return of the party, at which time the prior custody or
79	79	50parenting time order shall return to effect.
80	80	51 (2) Issue an order delegating all or part of the party's parenting time rights to a family
81	81	52member with a close relationship to the child, or a stepparent of the child, for the purpose of 4 of 4
82	82	53ensuring that the child's contact with the party is frequent and continued while the party is
83	83	54deployed, mobilized, or on temporary duty, if the court finds that delegating parenting time
84	84	55rights is in the best interest of the child.
85	85	56 (c) If a party's deployment, mobilization, or temporary duty will have a material effect
86	86	57on his or her ability, or anticipated ability, to appear in person at a regularly scheduled hearing,
87	87	58the court shall do either of the following:
88	88	59 (d)The following terms have the following meanings:
89	89	60 "Deployment" means the temporary transfer of a member of the Armed Forces in active-
90	90	61duty status in support of combat or some other military operation.
91	91	62 "Mobilization" means the transfer of a member of the National Guard or Military Reserve
92	92	63to extended active-duty status, but does not include National Guard or Military Reserve annual
93	93	64training.
94	94	65 "Temporary duty" means the transfer of a service member from one military base to a
95	95	66different location, usually another base, for a limited period of time to accomplish training or to
96	96	67assist in the performance of a noncombat mission.
97	97	68 (1) Upon motion of the party, hold an expedited hearing to determine custody and
98	98	69parenting issues prior to the departure of the party.
99	99	70 (2) Upon motion of the party, allow the party to present testimony and evidence by
100	100	71electronic means, including, but not limited to, telephone, video teleconferencing, or the Internet.