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HOUSE DOCKET, NO. 1362 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1518
The Commonwealth of Massachusetts
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PRESENTED BY:
Colleen M. Garry
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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 shared parenting.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/10/2023 1 of 4
HOUSE DOCKET, NO. 1362 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1518
By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1518) of Colleen
M. Garry relative to shared parenting in cases of divorce. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1591 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 shared parenting.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 31 of Chapter 208 of the General Laws, as appearing in the most
2recent edition, is hereby amended in the sixth paragraph by striking the following:.- When
3considering the happiness and welfare of the child, the court shall consider whether or not the
4child's present or past living conditions adversely affect his physical, mental, moral or emotional
5health.
6 SECTION 2. Said section 31 is hereby further amended by inserting after the sixth
7paragraph the following new paragraph:- In furtherance of the public policy that the happiness
8and welfare of children is enhanced by frequent and continuing contact with both their parents,
9upon the filing of an action in accordance with the provisions of this section, section twenty eight
10of this chapter, or section thirty-two of chapter two hundred and nine, the parents shall have 2 of 4
11temporary shared legal custody and shared physical custody of any minor child of the parties. In
12making an order or judgment relative to the custody of a minor child, there shall be a
13presumption that, absent emergency conditions, or abuse or neglect of said child, the parents
14shall have shared legal custody and shared physical custody of said child. The judge may enter
15any order or judgment for sole legal custody for one parent and/or sole physical custody for one
16parent if written findings are made setting forth the specific facts supporting a determination that
17the child would be harmed as a result of shared legal or shared physical custody. In making any
18order or judgment concerning the parenting schedule of each parent with a minor child, the rights
19of the parents, absent emergency, abuse, or neglect of one of the parents, shall be held to be
20equal, and the Court shall endeavor to maximize the exposure of the child to each of the parents
21so far as the same is practicable. A change in the availability of one or both parents to parent a
22minor child, and/or a change in the developmental stage of a minor child, shall be presumed to
23constitute a material and substantial change in circumstances for the purposes of a complaint or
24counterclaim seeking to modify a parenting schedule or parenting plan incorporated into a
25judgment of divorce. Nothing herein shall be deemed to modify the provisions of G.L. c.208,
26sec. 31A.
27 SECTION 3. Said section 31 is hereby further amended by striking the following
28paragraphs:-
29 Upon the filing of an action in accordance with the provisions of this section, section
30twenty-eight of this chapter, or section thirty-two of chapter two hundred and nine and until a
31judgment on the merits is rendered, absent emergency conditions, abuse or neglect, the parents
32shall have temporary shared legal custody of any minor child of the marriage; provided,
33however, that the judge may enter an order for temporary sole legal custody for one parent if 3 of 4
34written findings are made that such shared custody would not be in the best interest of the child.
35Nothing herein shall be construed to create any presumption of temporary shared physical
36custody.
37 In determining whether temporary shared legal custody would not be in the best
38interest of the child, the court shall consider all relevant facts including, but not limited to,
39whether any member of the family abuses alcohol or other drugs or has deserted the child and
40whether the parties have a history of being able and willing to cooperate in matters concerning
41the child.
42 If, despite the prior or current issuance of a restraining order against one parent
43pursuant to chapter two hundred and nine A, the court orders shared legal or physical custody
44either as a temporary order or at a trial on the merits, the court shall provide written findings to
45support such shared custody order.
46 There shall be no presumption either in favor of or against shared legal or physical
47custody at the time of the trial on the merits, except as provided for in section 31A.
48 SECTION 4. Said section 31 is hereby further amended in the twelfth paragraph, in
49the third sentence, by inserting after the words "The court may also reject the plan and issue a
50sole legal and" the following:- /or sole
51 SECTION 5. Said section 31 is hereby further amended in the twelfth paragraph, in
52the third sentence, by inserting after the words "The court may also reject the plan and issue a
53sole legal and physical custody award to either parent" the following new words:- if written
54findings are made, setting forth the specific facts supporting a determination that the child would
55be harmed as a result of shared legal or shared physical custody. 4 of 4
56 SECTION 6. Said section 31 is hereby further amended in the twelfth paragraph by
57inserting after the words "A shared custody implementation plan issued or accepted by the court
58shall become part of the judgment in the action, together with any other appropriate custody
59orders and orders regarding the responsibility of the parties for the support of the child." the
60following new sentence:- The failure of one or both parties, however, to submit a shared custody
61implementation plan for trial shall not diminish the presumption of joint physical and joint legal
62custody, nor affect the child's right and the parents' rights to frequent and continuing contact.
63 SECTION 7. Said section 31 is hereby further amended by striking the fourteenth
64paragraph and inserting in place thereof the following:- If shared physical custody is ordered, the
65judge shall at that time make a child support order, or revise its previous order, as appropriate to
66the circumstances.
67 SECTION 8. Said section 31 is hereby further amended, in the last paragraph, by
68striking the words "specific findings are made by the court indicating that such an order would
69not be in the best interests of the children" and inserting in place thereof the following:- written
70findings are setting forth the specific facts supporting a determination that the child would be
71harmed as a result of implementation of the agreement.