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HOUSE DOCKET, NO. 461 FILED ON: 1/9/2025
HOUSE . . . . . . . . . . . . . . . No. 2012
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jeffrey Rosario Turco
_________________
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 child-centered family law.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey Rosario Turco19th Suffolk1/9/2025 1 of 11
HOUSE DOCKET, NO. 461 FILED ON: 1/9/2025
HOUSE . . . . . . . . . . . . . . . No. 2012
By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 2012) of
Jeffrey Rosario Turco relative to child-centered family law. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1782 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to child-centered family law.
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 34H of chapter 71 of the General Laws, as appearing in the 2016
2Official Edition, is hereby amended by striking out, in line 29, the word “visitation” and inserting
3in place thereof the following words:- parenting time, as defined in section 31 of chapter 208.
4 SECTION 2. Chapter 208 of the General Laws is hereby amended by striking out section
531 and inserting in place thereof the following section:-
6 Section 31. A. The general court finds that every child in the commonwealth has the
7right to a safe, healthy and meaningful relationship with both parents, subject to the court’s
8determination of each child’s best interest, and encourages shared parental responsibilities.
9Parenting plans should prioritize the unique needs and evolving maturity of each child consistent
10with the safety, best interest and well-being of the child. A parenting plan shall be incorporated 2 of 11
11into every order, judgment of divorce and modification judgment involving parental
12responsibility for minor children.
13 B. For purposes of this chapter, the following terms shall, unless the context dictates
14otherwise, have the following meanings:-
15 1. “Decision-Making Responsibility”,
16 a. Shared: Both parents shall have mutual responsibility and involvement in major
17decisions regarding the child’s welfare including matters of education, medical care, and
18emotional, moral and religious development, in accordance with the best interest of the child.
19 b. Sole: A parent shall have the responsibility to make major decisions regarding the
20child’s welfare including matters of education, medical care, or emotional, moral and religious
21development, in accordance with the best interest of the child.
22 2. “Residential Responsibility”,
23 a. Shared: A child shall have periods of residing with and being under the care and
24responsibility of each parent; provided, however, that such periods shall be shared by the parents
25in such a way as to assure a child frequent, continued and developmentally appropriate contact
26with both parents in accordance with the best interest of the child. Time with each parent may
27but shall not necessarily be equal. The parenting plan shall be known as shared residential
28responsibility only if the child’s period of residing with and being under the care and
29responsibility of each parent amounts to one-third or more of the parenting time; provided,
30however, that nothing in this paragraph establishes a presumption that a child shall spend a
31minimum of one-third of the time or more with each parent. 3 of 11
32 b. Primary: A child shall reside with and be under the care and responsibility of one
33parent, and have reasonable parenting time with the other parent, unless the court determines that
34such time with the other parent would not be in the best interest of the child.
35 3. “Parental Responsibility”, this term shall encompass both decision-making and
36residential responsibility.
37 4. “Parenting Plan”, a written plan describing parental responsibility relative to each
38child.
39 5. “Parenting Time”, the time when the child is under the care and responsibility of one
40parent, regardless of whether or not that parent has shared or primary residential responsibility.
41 C. Upon the filing of an action under this section, parents shall have shared decision-
42making responsibility of any minor child of their marriage until either the parties enter into a
43written agreement concerning parental responsibilities or a court orders otherwise. A parenting
44plan shall be included in any temporary order issued by the court involving parental
45responsibility for minor children.
46 D. In determining parental responsibilities, both at the time of entry of orders and
47judgment, the court shall at all times be guided by the best interest of the child, and shall
48consider both section 31A, if applicable, and the following factors as evidence or information is
49presented thereon:
50 1. The relationship of the child with each parent, including the parent’s ability to
51understand the child’s needs and the ability of the parent to be available during his or her
52parenting time. 4 of 11
53 2. The reasonable wishes of the child, if the child is of sufficient age, capacity,
54temperament and understanding. When considering the child’s wishes, the court may also give
55due consideration to factors that have unduly influenced the child’s preference.
56 3. The ability for each parent to work together and communicate cooperatively with the
57other regarding the child’s schedule, routine and physical and emotional needs and; the ability of
58a parent to foster a positive relationship and frequent and continuing physical, written, electronic,
59telephonic and other contact between the child and the other parent.
60 4. The geographical location and availability of each parent, including the distance
61between them.
62 5. The willingness and ability of each parent to fulfill caregiving functions, as well as the
63history of caregiving functions provided by each parent. Caregiving functions are tasks that
64involve direct interaction with the child or arranging and supervising the interaction and care
65provided by others.
66 6. Any special needs of the child, including but not limited to the child’s developmental,
67emotional, educational, medical and social needs, and the ability of each parent to meet those
68needs.
69 7. Whether a parent has inflicted physical, emotional or psychological abuse on the other
70parent or child, including but not limited to, whether a parent has sexually assaulted or engaged
71in a pattern or serious incident of abuse against the other parent or a child.
72 8. Whether a continuing relationship with the other parent may endanger the health,
73safety or welfare of either the parent or the child. 5 of 11
74 9. Whether a parent’s abuse of drugs, alcohol or another substance interferes with that
75parent’s ability to properly care for the child or exposes the child to physical or emotional harm
76or the risk of physical or emotional harm.
77 10. Whether or not the child’s present or past living conditions adversely affect the
78child’s physical, mental, moral or emotional health.
79 11. Whether there has been a lack of a meaningful relationship between a parent and the
80child, and the reasons for any estrangement from the child.
81 12. The presence of siblings or other household members, and the parent’s and the
82child’s relationships with those siblings and other household members.
83 13. A parent’s incarceration.
84 14. A parent’s involving or attempting to involve the child in the parents’ dispute through
85manipulation or coercive behavior; a parent’s obstructing or impeding the other parent’s
86reasonable communication, cooperation, parenting time, or shared decision-making or attempting
87to do so without reasonable cause or; a parent’s interference with the other parent’s access to the
88child, absent a reasonable, good-faith belief as to protecting the child, parent or household
89member from physical or severe or persistent emotional harm by the other parent, and subject to
90judicial findings as to any such reasonable, good-faith belief.
91 15. A parent’s conviction for a child-related sexual offense.
92 16. Any other additional factors that the court deems relevant.
93 E. 1. A parenting plan shall be incorporated into any order, separation agreement or
94judgment concerning a minor child. Further, a proposed parenting plan shall be filed 6 of 11
95simultaneously with any request that an order or judgment pursuant to this section be issued or at
96such other time as permitted by the court.
97 2. A parenting plan shall include the following as applicable:
98 a. Decision-making responsibilities, which may detail provisions for consultation
99between and notice to parents;
100 b. Residential responsibilities;
101 c. Legal residence of a child for school enrollment;
102 d. Parenting time schedule, which may detail the following:
103 i. Weekday parenting time with the child;
104 ii.Weekend parenting time with the child, including holidays and school in-service
105days preceding or following weekends;
106 iii.Holidays, school vacations, birthdays and summer and such other vacation
107planning;
108 iv.Child’s extracurricular and school activities;
109 v. Transportation and exchange of the child; and
110 vi.Process for periodic changes to the schedule;
111 vii.Information sharing and access, including telephone and electronic access;
112 viii.Notice and protocols as to travel with the child; 7 of 11
113 ix.Relocation of a parent within the Commonwealth of Massachusetts;
114 x. Safety of the child;
115 xi.Safety of each parent;
116 xii.Nondisclosure of a child's or parent’s address on any academic or health record if
117necessary to ensure his or her health, safety or welfare;
118 xiii.Procedure for review of the plan; and
119 xiv.Methods for resolving disputes.
120 3. A parenting plan may also include other provisions that further a child’s best interest,
121as well as provisions which address foreseeable changes in a child’s or parent’s circumstances.
122 F. Upon a finding of contempt for noncompliance with a parenting plan, as additional
123remedies to those provided for in section 34A of chapter 215, the court may order any of the
124following:
125 1. Adjustment of the parenting plan as informed by any such failure of a parent to comply
126with the parenting plan;
127 2. Attendance at an appropriate parenting education course;
128 3. Award of counsel fees, costs and expenses; or
129 4. Reimbursement for any of the following incurred as a result of the other parent’s
130failure to comply with the parenting plan:
131 a. reasonable child care and related expenses; 8 of 11
132 b. reasonable travel and related expenses; or
133 c. lost wages.
134 G. The entry of an order or judgment relative to the minor children shall not negate or
135impede the ability of either parent to have access to the academic, medical, hospital, or other
136health records of the child, as either parent would have had if the order had not been entered;
137provided, however, that if a court has issued an order to vacate against a parent or an order
138prohibiting the parents from imposing any restraint upon the personal liberty of the other parent
139or if nondisclosure of the present or prior address of the child or party is necessary to ensure the
140health, safety, or welfare of such a child or party, the court may order that any part of such record
141pertaining to such address shall not be disclosed to such parent.
142 SECTION 3. Section 31A of said chapter 208 of the General Laws, as so appearing, is
143hereby amended by striking out, in lines 20 to 21, inclusive, the words “sole custody, shared
144legal custody or shared physical custody,” and inserting in place thereof the following words:-
145sole decision making responsibility and sole residential responsibility, shared decision making
146responsibility or shared residential responsibility.
147 SECTION 4. Said section 31A of said chapter 208 of the General Laws, as so appearing,
148is hereby further amended by striking out, in lines 44, 53, 55, 56 and 59, the word “visitation”
149and inserting in place thereof the following words:- parenting time.
150 SECTION 5. Section 38 of chapter 209 of the General Laws, as so appearing, is hereby
151amended by striking out, in lines 20 to 21, inclusive, the words “sole custody, shared legal
152custody, or shared physical custody” and inserting in place thereof the following words:- sole 9 of 11
153decision making responsibility and sole residential responsibility, shared decision making
154responsibility or shared residential responsibility.
155 SECTION 6. Said section 38 of said chapter 209 of the General Laws, as so appearing, is
156hereby further amended by striking out, in lines 44, 53, 55, 56, and 59 the word “visitation” and
157inserting in place thereof the following words:- parenting time.
158 SECTION 7. Section 3 of chapter 209A of the General Laws, as appearing in the 2014
159Official Edition, is hereby amended by striking out, in lines 24 to 25, inclusive, the words “sole
160custody, shared legal custody or shared physical custody” and inserting in place thereof the
161following words:- sole decision making responsibility and sole residential responsibility, shared
162decision making responsibility or shared residential responsibility.
163 SECTION 8. Said section 3 of said chapter 209A of the General Laws, as so appearing, is
164hereby further amended by striking out, in lines 48, 57, 59, 60, 61 and 63 the word “visitation”
165and inserting in place thereof the following words:- parenting time.
166 SECTION 9. Section 1 of chapter 209C of the General Laws, as appearing in the 2014
167Official Edition, is hereby amended by striking out, in line 9, the words “visitation rights” and
168inserting in place thereof the following words:- parenting time.
169 SECTION 10. Section 2 of said chapter 209C, as so appearing, is hereby amended by
170striking out, in line 25, the words “visitation rights” and inserting in place thereof the following
171words:- parenting time. 10 of 11
172 SECTION 11. Section 4 of said chapter 209C, as so appearing, is hereby amended by
173striking out, in line 2, the word “visitation” and inserting in place thereof the following words:-
174parenting time.
175 SECTION 12. Section 5 of said chapter 209C, as so appearing, is hereby amended by
176striking out, in lines 2,47, 59, 63 and 64 the word “visitation” and inserting in place thereof the
177following words:- parenting time.
178 SECTION 13. Section 7 of said chapter 209C as so appearing, is hereby amended by
179striking out, in line 4, the word “visitation” and inserting in place thereof the following words:-
180parenting time.
181 SECTION 14. Section 9 of said chapter 209C, as so appearing, is hereby amended by
182striking out, in line 68, the word “visitation” and inserting in place thereof the following words:-
183parenting time.
184 SECTION 15. Section 10 of said chapter 209C of the General Laws, as so appearing, is
185hereby amended by striking out, in lines 60 to 61, inclusive, the words “sole custody, shared
186legal custody, or shared physical custody” and inserting in place thereof the following words:-
187sole decision making responsibility and sole residential responsibility, shared decision making
188responsibility or shared residential responsibility.
189 SECTION 16. Said section 10 of said chapter 209C, as so appearing, is hereby further
190amended by striking out, in lines 84, 89, 93, 95, 96 and 99 the word “visitation” and inserting in
191place thereof, in each instance, the following words:- parenting time. 11 of 11
192 SECTION 17. Section 11 of said chapter 209C, as so appearing, is hereby amended by
193striking out, in lines 15, 27, 61, 64, 70 and 72, the word “visitation” and inserting in place
194thereof, in each instance, the following words:- parenting time.
195 SECTION 18. Section 15 of said chapter 209C, as so appearing, is hereby amended by
196striking out, in line 14, the word “visitation” and inserting in place thereof the following words:-
197parenting time.
198 SECTION 19. Section 20 of said chapter 209C, as so appearing, is hereby amended by
199striking out, in lines 4 and 5, the word “visitation” and inserting in place thereof the following
200words:- parenting time.
201 SECTION 20. Section 23 of said chapter 209C, as so appearing, is hereby amended by
202striking out, in line 3, the word “visitation” and inserting in place thereof the following words:-
203parenting time.
204 SECTION 21. Section 40 of chapter 262 of the General Laws, as appearing in the 2014
205Official Edition, is hereby amended by striking out, in lines 48 and 51 the word “visitation” and
206inserting in place thereof the following words:- parenting time.