Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1518 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. 1362 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1518
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 shared parenting.
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. 1362 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1518
18	18	By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1518) of Colleen
19	19	M. Garry relative to shared parenting in cases of divorce. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1591 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 shared parenting.
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 SECTION 1. Section 31 of Chapter 208 of the General Laws, as appearing in the most
31	31	2recent edition, is hereby amended in the sixth paragraph by striking the following:.- When
32	32	3considering the happiness and welfare of the child, the court shall consider whether or not the
33	33	4child's present or past living conditions adversely affect his physical, mental, moral or emotional
34	34	5health.
35	35	6 SECTION 2. Said section 31 is hereby further amended by inserting after the sixth
36	36	7paragraph the following new paragraph:- In furtherance of the public policy that the happiness
37	37	8and welfare of children is enhanced by frequent and continuing contact with both their parents,
38	38	9upon the filing of an action in accordance with the provisions of this section, section twenty eight
39	39	10of this chapter, or section thirty-two of chapter two hundred and nine, the parents shall have 2 of 4
40	40	11temporary shared legal custody and shared physical custody of any minor child of the parties. In
41	41	12making an order or judgment relative to the custody of a minor child, there shall be a
42	42	13presumption that, absent emergency conditions, or abuse or neglect of said child, the parents
43	43	14shall have shared legal custody and shared physical custody of said child. The judge may enter
44	44	15any order or judgment for sole legal custody for one parent and/or sole physical custody for one
45	45	16parent if written findings are made setting forth the specific facts supporting a determination that
46	46	17the child would be harmed as a result of shared legal or shared physical custody. In making any
47	47	18order or judgment concerning the parenting schedule of each parent with a minor child, the rights
48	48	19of the parents, absent emergency, abuse, or neglect of one of the parents, shall be held to be
49	49	20equal, and the Court shall endeavor to maximize the exposure of the child to each of the parents
50	50	21so far as the same is practicable. A change in the availability of one or both parents to parent a
51	51	22minor child, and/or a change in the developmental stage of a minor child, shall be presumed to
52	52	23constitute a material and substantial change in circumstances for the purposes of a complaint or
53	53	24counterclaim seeking to modify a parenting schedule or parenting plan incorporated into a
54	54	25judgment of divorce. Nothing herein shall be deemed to modify the provisions of G.L. c.208,
55	55	26sec. 31A.
56	56	27 SECTION 3. Said section 31 is hereby further amended by striking the following
57	57	28paragraphs:-
58	58	29 Upon the filing of an action in accordance with the provisions of this section, section
59	59	30twenty-eight of this chapter, or section thirty-two of chapter two hundred and nine and until a
60	60	31judgment on the merits is rendered, absent emergency conditions, abuse or neglect, the parents
61	61	32shall have temporary shared legal custody of any minor child of the marriage; provided,
62	62	33however, that the judge may enter an order for temporary sole legal custody for one parent if 3 of 4
63	63	34written findings are made that such shared custody would not be in the best interest of the child.
64	64	35Nothing herein shall be construed to create any presumption of temporary shared physical
65	65	36custody.
66	66	37 In determining whether temporary shared legal custody would not be in the best
67	67	38interest of the child, the court shall consider all relevant facts including, but not limited to,
68	68	39whether any member of the family abuses alcohol or other drugs or has deserted the child and
69	69	40whether the parties have a history of being able and willing to cooperate in matters concerning
70	70	41the child.
71	71	42 If, despite the prior or current issuance of a restraining order against one parent
72	72	43pursuant to chapter two hundred and nine A, the court orders shared legal or physical custody
73	73	44either as a temporary order or at a trial on the merits, the court shall provide written findings to
74	74	45support such shared custody order.
75	75	46 There shall be no presumption either in favor of or against shared legal or physical
76	76	47custody at the time of the trial on the merits, except as provided for in section 31A.
77	77	48 SECTION 4. Said section 31 is hereby further amended in the twelfth paragraph, in
78	78	49the third sentence, by inserting after the words "The court may also reject the plan and issue a
79	79	50sole legal and" the following:- /or sole
80	80	51 SECTION 5. Said section 31 is hereby further amended in the twelfth paragraph, in
81	81	52the third sentence, by inserting after the words "The court may also reject the plan and issue a
82	82	53sole legal and physical custody award to either parent" the following new words:- if written
83	83	54findings are made, setting forth the specific facts supporting a determination that the child would
84	84	55be harmed as a result of shared legal or shared physical custody. 4 of 4
85	85	56 SECTION 6. Said section 31 is hereby further amended in the twelfth paragraph by
86	86	57inserting after the words "A shared custody implementation plan issued or accepted by the court
87	87	58shall become part of the judgment in the action, together with any other appropriate custody
88	88	59orders and orders regarding the responsibility of the parties for the support of the child." the
89	89	60following new sentence:- The failure of one or both parties, however, to submit a shared custody
90	90	61implementation plan for trial shall not diminish the presumption of joint physical and joint legal
91	91	62custody, nor affect the child's right and the parents' rights to frequent and continuing contact.
92	92	63 SECTION 7. Said section 31 is hereby further amended by striking the fourteenth
93	93	64paragraph and inserting in place thereof the following:- If shared physical custody is ordered, the
94	94	65judge shall at that time make a child support order, or revise its previous order, as appropriate to
95	95	66the circumstances.
96	96	67 SECTION 8. Said section 31 is hereby further amended, in the last paragraph, by
97	97	68striking the words "specific findings are made by the court indicating that such an order would
98	98	69not be in the best interests of the children" and inserting in place thereof the following:- written
99	99	70findings are setting forth the specific facts supporting a determination that the child would be
100	100	71harmed as a result of implementation of the agreement.