If enacted, this bill would modify Chapter 209C of the General Laws by preventing custody awards from being issued unless certain conditions are met. Notably, it requires that a parent who filed a complaint under domestic violence laws must consent to any custody award for the court to grant it. The impact of this legislation would be profound for many families, as it aims to provide protection for children from potentially harmful parenting situations, while also ensuring that legal processes adhere to protective orders already in place.
Summary
Senate Bill S976, also known as An Act relative to child custody orders, proposes significant amendments to the existing laws governing child custody in Massachusetts. The bill aims to address situations where one parent has a protective order against the other due to issues such as domestic violence or harassment. It stipulates that courts may not award sole or shared custody to a parent who has an active order against them, thereby prioritizing the safety of the child and the primary caregiver in custody arrangements.
Contention
While supporters of S976 argue that it is a necessary step toward protecting children from potentially dangerous situations, critics may contend that the bill could inadvertently strip some parents of their rights to custody without due process. The bill emphasizes the consent of the complaining parent, which could lead to complexities in cases where one parent is unable or unwilling to withdraw charges or complaints. Moreover, this raises questions about fair treatment and the balance of rights between both parents in custody determinations, igniting debates about the best practices in family law.
Similar To
To protect victims of stalking in violation of harassment prevention orders
MA S2755
Similar To
Maintaining protective orders
MA S2612
Replaced by
Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of certain current Senate documents relative to judicial matters.