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