Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1742 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. 2463 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1742
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John H. Rogers
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.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:John H. Rogers12th Norfolk1/19/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2463 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1742
18	18	By Representative Rogers of Norwood, a petition (accompanied by bill, House, No. 1742) of
19	19	John H. Rogers relative to child custody arrangements of military personnel. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1858 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.
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 2010
31	31	2Official Edition, is hereby amended by inserting, in line 2, after the word “otherwise” the
32	32	3following 3 definitions:-
33	33	4 “Deployment” the temporary transfer of a member of the Armed forces in active-duty
34	34	5status in support of combat or some other military operation.
35	35	6 “Mobilization” the transfer of a member of the National Guard or Military Reserve to
36	36	7extended active-duty status, but does not include National Guard or Military Reserve annual
37	37	8training. 2 of 3
38	38	9 “Temporary duty” the transfer of a service member from one military base to a different
39	39	10location, usually another base, for a limited period of time to accomplish training or to assist in
40	40	11the performance of a noncombat mission.
41	41	12 SECTION 2. Said section 31 of said chapter 208 of the General Laws, as appearing in the
42	42	132010 Official Edition, is hereby further amended by inserting the following paragraphs:-
43	43	14 A party’s absence, relocation, or failure to comply with custody and visitation orders
44	44	15shall not be considered in determining the modification of a custody or visitation order if the
45	45	16reason for the absence, relocation, or failure to comply is the party’s activation to military duty
46	46	17or temporary duty, mobilization in support of combat or other military operation, or military
47	47	18deployment out of state.
48	48	19 If a party with sole or joint physical custody or visitation receives temporary duty,
49	49	20deployment, or mobilization orders from the military that require the party to move a substantial
50	50	21distance from his or her residence or otherwise has a material effect on the ability of the party to
51	51	22exercise custody or visitation rights, the court may do either of the following:
52	52	23 1) Issue a temporary custody or visitation order for the period extending from the date of
53	53	24the party’s departure to the date of his or her return. This temporary custody or visitation order
54	54	25shall terminate upon the return of the party, at which time the prior custody or visitation order
55	55	26shall return to effect.
56	56	27 2) Issue an order delegating all or part of the party’s visitation rights to a family member
57	57	28or step-parent with whom the child has a close relationship, for the purpose of ensuring that the
58	58	29child’s contact with the party is frequent and continued while the party is deployed, mobilized, or 3 of 3
59	59	30on temporary duty, if the court finds that delegating visitation rights is in the best interest of the
60	60	31child.
61	61	32 If a party’s deployment, mobilization, or temporary duty will have a material effect on his
62	62	33or her ability, or anticipated ability to appear in person at a regularly scheduled hearing, the court
63	63	34shall do either of the following:
64	64	35 1) Upon motion of the party, hold an expedited hearing to determine custody and
65	65	36visitation issues prior to the departure of the party.
66	66	37 2) Upon motion of the party, allow the party to present testimony and evidence by
67	67	38electronic means, including, but not limited to, telephone, video teleconferencing, or the internet.