Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1782 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1272 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1782
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jeffrey Rosario Turco
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-centered family law.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey Rosario Turco19th Suffolk1/18/2023 1 of 11
16	16	HOUSE DOCKET, NO. 1272 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1782
18	18	By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 1782) of
19	19	Jeffrey Rosario Turco relative to child-centered family law. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to child-centered family law.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 34H of chapter 71 of the General Laws, as appearing in the 2016
29	29	2Official Edition, is hereby amended by striking out, in line 29, the word “visitation” and inserting
30	30	3in place thereof the following words:- parenting time, as defined in section 31 of chapter 208.
31	31	4 SECTION 2. Chapter 208 of the General Laws is hereby amended by striking out section
32	32	531 and inserting in place thereof the following section:-
33	33	6 Section 31. A. The general court finds that every child in the commonwealth has the
34	34	7right to a safe, healthy and meaningful relationship with both parents, subject to the court’s
35	35	8determination of each child’s best interest, and encourages shared parental responsibilities.
36	36	9Parenting plans should prioritize the unique needs and evolving maturity of each child consistent
37	37	10with the safety, best interest and well-being of the child. A parenting plan shall be incorporated
38	38	11into every order, judgment of divorce and modification judgment involving parental
39	39	12responsibility for minor children. 2 of 11
40	40	13 B. For purposes of this chapter, the following terms shall, unless the context dictates
41	41	14otherwise, have the following meanings:-
42	42	15 1. “Decision-Making Responsibility”,
43	43	16 a. Shared: Both parents shall have mutual responsibility and involvement in major
44	44	17decisions regarding the child’s welfare including matters of education, medical care, and
45	45	18emotional, moral and religious development, in accordance with the best interest of the child.
46	46	19 b. Sole: A parent shall have the responsibility to make major decisions regarding the
47	47	20child’s welfare including matters of education, medical care, or emotional, moral and religious
48	48	21development, in accordance with the best interest of the child.
49	49	22 2. “Residential Responsibility”,
50	50	23 a. Shared: A child shall have periods of residing with and being under the care and
51	51	24responsibility of each parent; provided, however, that such periods shall be shared by the parents
52	52	25in such a way as to assure a child frequent, continued and developmentally appropriate contact
53	53	26with both parents in accordance with the best interest of the child. Time with each parent may
54	54	27but shall not necessarily be equal. The parenting plan shall be known as shared residential
55	55	28responsibility only if the child’s period of residing with and being under the care and
56	56	29responsibility of each parent amounts to one-third or more of the parenting time; provided,
57	57	30however, that nothing in this paragraph establishes a presumption that a child shall spend a
58	58	31minimum of one-third of the time or more with each parent. 3 of 11
59	59	32 b. Primary: A child shall reside with and be under the care and responsibility of one
60	60	33parent, and have reasonable parenting time with the other parent, unless the court determines that
61	61	34such time with the other parent would not be in the best interest of the child.
62	62	35 3. “Parental Responsibility”, this term shall encompass both decision-making and
63	63	36residential responsibility.
64	64	37 4. “Parenting Plan”, a written plan describing parental responsibility relative to each
65	65	38child.
66	66	39 5. “Parenting Time”, the time when the child is under the care and responsibility of one
67	67	40parent, regardless of whether or not that parent has shared or primary residential responsibility.
68	68	41 C. Upon the filing of an action under this section, parents shall have shared decision-
69	69	42making responsibility of any minor child of their marriage until either the parties enter into a
70	70	43written agreement concerning parental responsibilities or a court orders otherwise. A parenting
71	71	44plan shall be included in any temporary order issued by the court involving parental
72	72	45responsibility for minor children.
73	73	46 D. In determining parental responsibilities, both at the time of entry of orders and
74	74	47judgment, the court shall at all times be guided by the best interest of the child, and shall
75	75	48consider both section 31A, if applicable, and the following factors as evidence or information is
76	76	49presented thereon:
77	77	50 1. The relationship of the child with each parent, including the parent’s ability to
78	78	51understand the child’s needs and the ability of the parent to be available during his or her
79	79	52parenting time. 4 of 11
80	80	53 2. The reasonable wishes of the child, if the child is of sufficient age, capacity,
81	81	54temperament and understanding. When considering the child’s wishes, the court may also give
82	82	55due consideration to factors that have unduly influenced the child’s preference.
83	83	56 3. The ability for each parent to work together and communicate cooperatively with the
84	84	57other regarding the child’s schedule, routine and physical and emotional needs and; the ability of
85	85	58a parent to foster a positive relationship and frequent and continuing physical, written, electronic,
86	86	59telephonic and other contact between the child and the other parent.
87	87	60 4. The geographical location and availability of each parent, including the distance
88	88	61between them.
89	89	62 5. The willingness and ability of each parent to fulfill caregiving functions, as well as the
90	90	63history of caregiving functions provided by each parent. Caregiving functions are tasks that
91	91	64involve direct interaction with the child or arranging and supervising the interaction and care
92	92	65provided by others.
93	93	66 6. Any special needs of the child, including but not limited to the child’s developmental,
94	94	67emotional, educational, medical and social needs, and the ability of each parent to meet those
95	95	68needs.
96	96	69 7. Whether a parent has inflicted physical, emotional or psychological abuse on the other
97	97	70parent or child, including but not limited to, whether a parent has sexually assaulted or engaged
98	98	71in a pattern or serious incident of abuse against the other parent or a child.
99	99	72 8. Whether a continuing relationship with the other parent may endanger the health,
100	100	73safety or welfare of either the parent or the child. 5 of 11
101	101	74 9. Whether a parent’s abuse of drugs, alcohol or another substance interferes with that
102	102	75parent’s ability to properly care for the child or exposes the child to physical or emotional harm
103	103	76or the risk of physical or emotional harm.
104	104	77 10. Whether or not the child’s present or past living conditions adversely affect the
105	105	78child’s physical, mental, moral or emotional health.
106	106	79 11. Whether there has been a lack of a meaningful relationship between a parent and the
107	107	80child, and the reasons for any estrangement from the child.
108	108	81 12. The presence of siblings or other household members, and the parent’s and the
109	109	82child’s relationships with those siblings and other household members.
110	110	83 13. A parent’s incarceration.
111	111	84 14. A parent’s involving or attempting to involve the child in the parents’ dispute through
112	112	85manipulation or coercive behavior; a parent’s obstructing or impeding the other parent’s
113	113	86reasonable communication, cooperation, parenting time, or shared decision-making or attempting
114	114	87to do so without reasonable cause or; a parent’s interference with the other parent’s access to the
115	115	88child, absent a reasonable, good-faith belief as to protecting the child, parent or household
116	116	89member from physical or severe or persistent emotional harm by the other parent, and subject to
117	117	90judicial findings as to any such reasonable, good-faith belief.
118	118	91 15. A parent’s conviction for a child-related sexual offense.
119	119	92 16. Any other additional factors that the court deems relevant.
120	120	93 E. 1. A parenting plan shall be incorporated into any order, separation agreement or
121	121	94judgment concerning a minor child. Further, a proposed parenting plan shall be filed 6 of 11
122	122	95simultaneously with any request that an order or judgment pursuant to this section be issued or at
123	123	96such other time as permitted by the court.
124	124	97 2. A parenting plan shall include the following as applicable:
125	125	98 a. Decision-making responsibilities, which may detail provisions for consultation
126	126	99between and notice to parents;
127	127	100 b. Residential responsibilities;
128	128	101 c. Legal residence of a child for school enrollment;
129	129	102 d. Parenting time schedule, which may detail the following:
130	130	103 i. Weekday parenting time with the child;
131	131	104 ii.Weekend parenting time with the child, including holidays and school in-service
132	132	105days preceding or following weekends;
133	133	106 iii.Holidays, school vacations, birthdays and summer and such other vacation
134	134	107planning;
135	135	108 iv.Child’s extracurricular and school activities;
136	136	109 v. Transportation and exchange of the child; and
137	137	110 vi.Process for periodic changes to the schedule;
138	138	111 vii.Information sharing and access, including telephone and electronic access;
139	139	112 viii.Notice and protocols as to travel with the child; 7 of 11
140	140	113 ix.Relocation of a parent within the Commonwealth of Massachusetts;
141	141	114 x. Safety of the child;
142	142	115 xi.Safety of each parent;
143	143	116 xii.Nondisclosure of a child's or parent’s address on any academic or health record if
144	144	117necessary to ensure his or her health, safety or welfare;
145	145	118 xiii.Procedure for review of the plan; and
146	146	119 xiv.Methods for resolving disputes.
147	147	120 3. A parenting plan may also include other provisions that further a child’s best interest,
148	148	121as well as provisions which address foreseeable changes in a child’s or parent’s circumstances.
149	149	122 F. Upon a finding of contempt for noncompliance with a parenting plan, as additional
150	150	123remedies to those provided for in section 34A of chapter 215, the court may order any of the
151	151	124following:
152	152	125 1. Adjustment of the parenting plan as informed by any such failure of a parent to comply
153	153	126with the parenting plan;
154	154	127 2. Attendance at an appropriate parenting education course;
155	155	128 3. Award of counsel fees, costs and expenses; or
156	156	129 4. Reimbursement for any of the following incurred as a result of the other parent’s
157	157	130failure to comply with the parenting plan:
158	158	131 a. reasonable child care and related expenses; 8 of 11
159	159	132 b. reasonable travel and related expenses; or
160	160	133 c. lost wages.
161	161	134 G. The entry of an order or judgment relative to the minor children shall not negate or
162	162	135impede the ability of either parent to have access to the academic, medical, hospital, or other
163	163	136health records of the child, as either parent would have had if the order had not been entered;
164	164	137provided, however, that if a court has issued an order to vacate against a parent or an order
165	165	138prohibiting the parents from imposing any restraint upon the personal liberty of the other parent
166	166	139or if nondisclosure of the present or prior address of the child or party is necessary to ensure the
167	167	140health, safety, or welfare of such a child or party, the court may order that any part of such record
168	168	141pertaining to such address shall not be disclosed to such parent.
169	169	142 SECTION 3. Section 31A of said chapter 208 of the General Laws, as so appearing, is
170	170	143hereby amended by striking out, in lines 20 to 21, inclusive, the words “sole custody, shared
171	171	144legal custody or shared physical custody,” and inserting in place thereof the following words:-
172	172	145sole decision making responsibility and sole residential responsibility, shared decision making
173	173	146responsibility or shared residential responsibility.
174	174	147 SECTION 4. Said section 31A of said chapter 208 of the General Laws, as so appearing,
175	175	148is hereby further amended by striking out, in lines 44, 53, 55, 56 and 59, the word “visitation”
176	176	149and inserting in place thereof the following words:- parenting time.
177	177	150 SECTION 5. Section 38 of chapter 209 of the General Laws, as so appearing, is hereby
178	178	151amended by striking out, in lines 20 to 21, inclusive, the words “sole custody, shared legal
179	179	152custody, or shared physical custody” and inserting in place thereof the following words:- sole 9 of 11
180	180	153decision making responsibility and sole residential responsibility, shared decision making
181	181	154responsibility or shared residential responsibility.
182	182	155 SECTION 6. Said section 38 of said chapter 209 of the General Laws, as so appearing, is
183	183	156hereby further amended by striking out, in lines 44, 53, 55, 56, and 59 the word “visitation” and
184	184	157inserting in place thereof the following words:- parenting time.
185	185	158 SECTION 7. Section 3 of chapter 209A of the General Laws, as appearing in the 2014
186	186	159Official Edition, is hereby amended by striking out, in lines 24 to 25, inclusive, the words “sole
187	187	160custody, shared legal custody or shared physical custody” and inserting in place thereof the
188	188	161following words:- sole decision making responsibility and sole residential responsibility, shared
189	189	162decision making responsibility or shared residential responsibility.
190	190	163 SECTION 8. Said section 3 of said chapter 209A of the General Laws, as so appearing, is
191	191	164hereby further amended by striking out, in lines 48, 57, 59, 60, 61 and 63 the word “visitation”
192	192	165and inserting in place thereof the following words:- parenting time.
193	193	166 SECTION 9. Section 1 of chapter 209C of the General Laws, as appearing in the 2014
194	194	167Official Edition, is hereby amended by striking out, in line 9, the words “visitation rights” and
195	195	168inserting in place thereof the following words:- parenting time.
196	196	169 SECTION 10. Section 2 of said chapter 209C, as so appearing, is hereby amended by
197	197	170striking out, in line 25, the words “visitation rights” and inserting in place thereof the following
198	198	171words:- parenting time. 10 of 11
199	199	172 SECTION 11. Section 4 of said chapter 209C, as so appearing, is hereby amended by
200	200	173striking out, in line 2, the word “visitation” and inserting in place thereof the following words:-
201	201	174parenting time.
202	202	175 SECTION 12. Section 5 of said chapter 209C, as so appearing, is hereby amended by
203	203	176striking out, in lines 2,47, 59, 63 and 64 the word “visitation” and inserting in place thereof the
204	204	177following words:- parenting time.
205	205	178 SECTION 13. Section 7 of said chapter 209C as so appearing, is hereby amended by
206	206	179striking out, in line 4, the word “visitation” and inserting in place thereof the following words:-
207	207	180parenting time.
208	208	181 SECTION 14. Section 9 of said chapter 209C, as so appearing, is hereby amended by
209	209	182striking out, in line 68, the word “visitation” and inserting in place thereof the following words:-
210	210	183parenting time.
211	211	184 SECTION 15. Section 10 of said chapter 209C of the General Laws, as so appearing, is
212	212	185hereby amended by striking out, in lines 60 to 61, inclusive, the words “sole custody, shared
213	213	186legal custody, or shared physical custody” and inserting in place thereof the following words:-
214	214	187sole decision making responsibility and sole residential responsibility, shared decision making
215	215	188responsibility or shared residential responsibility.
216	216	189 SECTION 16. Said section 10 of said chapter 209C, as so appearing, is hereby further
217	217	190amended by striking out, in lines 84, 89, 93, 95, 96 and 99 the word “visitation” and inserting in
218	218	191place thereof, in each instance, the following words:- parenting time. 11 of 11
219	219	192 SECTION 17. Section 11 of said chapter 209C, as so appearing, is hereby amended by
220	220	193striking out, in lines 15, 27, 61, 64, 70 and 72, the word “visitation” and inserting in place
221	221	194thereof, in each instance, the following words:- parenting time.
222	222	195 SECTION 18. Section 15 of said chapter 209C, as so appearing, is hereby amended by
223	223	196striking out, in line 14, the word “visitation” and inserting in place thereof the following words:-
224	224	197parenting time.
225	225	198 SECTION 19. Section 20 of said chapter 209C, as so appearing, is hereby amended by
226	226	199striking out, in lines 4 and 5, the word “visitation” and inserting in place thereof the following
227	227	200words:- parenting time.
228	228	201 SECTION 20. Section 23 of said chapter 209C, as so appearing, is hereby amended by
229	229	202striking out, in line 3, the word “visitation” and inserting in place thereof the following words:-
230	230	203parenting time.
231	231	204 SECTION 21. Section 40 of chapter 262 of the General Laws, as appearing in the 2014
232	232	205Official Edition, is hereby amended by striking out, in lines 48 and 51 the word “visitation” and
233	233	206inserting in place thereof the following words:- parenting time.