Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2012 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. 461 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2012
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 Suffolk1/9/2025 1 of 11
16	16	HOUSE DOCKET, NO. 461 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2012
18	18	By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 2012) of
19	19	Jeffrey Rosario Turco relative to child-centered family law. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1782 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to child-centered family law.
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 34H of chapter 71 of the General Laws, as appearing in the 2016
31	31	2Official Edition, is hereby amended by striking out, in line 29, the word “visitation” and inserting
32	32	3in place thereof the following words:- parenting time, as defined in section 31 of chapter 208.
33	33	4 SECTION 2. Chapter 208 of the General Laws is hereby amended by striking out section
34	34	531 and inserting in place thereof the following section:-
35	35	6 Section 31. A. The general court finds that every child in the commonwealth has the
36	36	7right to a safe, healthy and meaningful relationship with both parents, subject to the court’s
37	37	8determination of each child’s best interest, and encourages shared parental responsibilities.
38	38	9Parenting plans should prioritize the unique needs and evolving maturity of each child consistent
39	39	10with the safety, best interest and well-being of the child. A parenting plan shall be incorporated 2 of 11
40	40	11into every order, judgment of divorce and modification judgment involving parental
41	41	12responsibility for minor children.
42	42	13 B. For purposes of this chapter, the following terms shall, unless the context dictates
43	43	14otherwise, have the following meanings:-
44	44	15 1. “Decision-Making Responsibility”,
45	45	16 a. Shared: Both parents shall have mutual responsibility and involvement in major
46	46	17decisions regarding the child’s welfare including matters of education, medical care, and
47	47	18emotional, moral and religious development, in accordance with the best interest of the child.
48	48	19 b. Sole: A parent shall have the responsibility to make major decisions regarding the
49	49	20child’s welfare including matters of education, medical care, or emotional, moral and religious
50	50	21development, in accordance with the best interest of the child.
51	51	22 2. “Residential Responsibility”,
52	52	23 a. Shared: A child shall have periods of residing with and being under the care and
53	53	24responsibility of each parent; provided, however, that such periods shall be shared by the parents
54	54	25in such a way as to assure a child frequent, continued and developmentally appropriate contact
55	55	26with both parents in accordance with the best interest of the child. Time with each parent may
56	56	27but shall not necessarily be equal. The parenting plan shall be known as shared residential
57	57	28responsibility only if the child’s period of residing with and being under the care and
58	58	29responsibility of each parent amounts to one-third or more of the parenting time; provided,
59	59	30however, that nothing in this paragraph establishes a presumption that a child shall spend a
60	60	31minimum of one-third of the time or more with each parent. 3 of 11
61	61	32 b. Primary: A child shall reside with and be under the care and responsibility of one
62	62	33parent, and have reasonable parenting time with the other parent, unless the court determines that
63	63	34such time with the other parent would not be in the best interest of the child.
64	64	35 3. “Parental Responsibility”, this term shall encompass both decision-making and
65	65	36residential responsibility.
66	66	37 4. “Parenting Plan”, a written plan describing parental responsibility relative to each
67	67	38child.
68	68	39 5. “Parenting Time”, the time when the child is under the care and responsibility of one
69	69	40parent, regardless of whether or not that parent has shared or primary residential responsibility.
70	70	41 C. Upon the filing of an action under this section, parents shall have shared decision-
71	71	42making responsibility of any minor child of their marriage until either the parties enter into a
72	72	43written agreement concerning parental responsibilities or a court orders otherwise. A parenting
73	73	44plan shall be included in any temporary order issued by the court involving parental
74	74	45responsibility for minor children.
75	75	46 D. In determining parental responsibilities, both at the time of entry of orders and
76	76	47judgment, the court shall at all times be guided by the best interest of the child, and shall
77	77	48consider both section 31A, if applicable, and the following factors as evidence or information is
78	78	49presented thereon:
79	79	50 1. The relationship of the child with each parent, including the parent’s ability to
80	80	51understand the child’s needs and the ability of the parent to be available during his or her
81	81	52parenting time. 4 of 11
82	82	53 2. The reasonable wishes of the child, if the child is of sufficient age, capacity,
83	83	54temperament and understanding. When considering the child’s wishes, the court may also give
84	84	55due consideration to factors that have unduly influenced the child’s preference.
85	85	56 3. The ability for each parent to work together and communicate cooperatively with the
86	86	57other regarding the child’s schedule, routine and physical and emotional needs and; the ability of
87	87	58a parent to foster a positive relationship and frequent and continuing physical, written, electronic,
88	88	59telephonic and other contact between the child and the other parent.
89	89	60 4. The geographical location and availability of each parent, including the distance
90	90	61between them.
91	91	62 5. The willingness and ability of each parent to fulfill caregiving functions, as well as the
92	92	63history of caregiving functions provided by each parent. Caregiving functions are tasks that
93	93	64involve direct interaction with the child or arranging and supervising the interaction and care
94	94	65provided by others.
95	95	66 6. Any special needs of the child, including but not limited to the child’s developmental,
96	96	67emotional, educational, medical and social needs, and the ability of each parent to meet those
97	97	68needs.
98	98	69 7. Whether a parent has inflicted physical, emotional or psychological abuse on the other
99	99	70parent or child, including but not limited to, whether a parent has sexually assaulted or engaged
100	100	71in a pattern or serious incident of abuse against the other parent or a child.
101	101	72 8. Whether a continuing relationship with the other parent may endanger the health,
102	102	73safety or welfare of either the parent or the child. 5 of 11
103	103	74 9. Whether a parent’s abuse of drugs, alcohol or another substance interferes with that
104	104	75parent’s ability to properly care for the child or exposes the child to physical or emotional harm
105	105	76or the risk of physical or emotional harm.
106	106	77 10. Whether or not the child’s present or past living conditions adversely affect the
107	107	78child’s physical, mental, moral or emotional health.
108	108	79 11. Whether there has been a lack of a meaningful relationship between a parent and the
109	109	80child, and the reasons for any estrangement from the child.
110	110	81 12. The presence of siblings or other household members, and the parent’s and the
111	111	82child’s relationships with those siblings and other household members.
112	112	83 13. A parent’s incarceration.
113	113	84 14. A parent’s involving or attempting to involve the child in the parents’ dispute through
114	114	85manipulation or coercive behavior; a parent’s obstructing or impeding the other parent’s
115	115	86reasonable communication, cooperation, parenting time, or shared decision-making or attempting
116	116	87to do so without reasonable cause or; a parent’s interference with the other parent’s access to the
117	117	88child, absent a reasonable, good-faith belief as to protecting the child, parent or household
118	118	89member from physical or severe or persistent emotional harm by the other parent, and subject to
119	119	90judicial findings as to any such reasonable, good-faith belief.
120	120	91 15. A parent’s conviction for a child-related sexual offense.
121	121	92 16. Any other additional factors that the court deems relevant.
122	122	93 E. 1. A parenting plan shall be incorporated into any order, separation agreement or
123	123	94judgment concerning a minor child. Further, a proposed parenting plan shall be filed 6 of 11
124	124	95simultaneously with any request that an order or judgment pursuant to this section be issued or at
125	125	96such other time as permitted by the court.
126	126	97 2. A parenting plan shall include the following as applicable:
127	127	98 a. Decision-making responsibilities, which may detail provisions for consultation
128	128	99between and notice to parents;
129	129	100 b. Residential responsibilities;
130	130	101 c. Legal residence of a child for school enrollment;
131	131	102 d. Parenting time schedule, which may detail the following:
132	132	103 i. Weekday parenting time with the child;
133	133	104 ii.Weekend parenting time with the child, including holidays and school in-service
134	134	105days preceding or following weekends;
135	135	106 iii.Holidays, school vacations, birthdays and summer and such other vacation
136	136	107planning;
137	137	108 iv.Child’s extracurricular and school activities;
138	138	109 v. Transportation and exchange of the child; and
139	139	110 vi.Process for periodic changes to the schedule;
140	140	111 vii.Information sharing and access, including telephone and electronic access;
141	141	112 viii.Notice and protocols as to travel with the child; 7 of 11
142	142	113 ix.Relocation of a parent within the Commonwealth of Massachusetts;
143	143	114 x. Safety of the child;
144	144	115 xi.Safety of each parent;
145	145	116 xii.Nondisclosure of a child's or parent’s address on any academic or health record if
146	146	117necessary to ensure his or her health, safety or welfare;
147	147	118 xiii.Procedure for review of the plan; and
148	148	119 xiv.Methods for resolving disputes.
149	149	120 3. A parenting plan may also include other provisions that further a child’s best interest,
150	150	121as well as provisions which address foreseeable changes in a child’s or parent’s circumstances.
151	151	122 F. Upon a finding of contempt for noncompliance with a parenting plan, as additional
152	152	123remedies to those provided for in section 34A of chapter 215, the court may order any of the
153	153	124following:
154	154	125 1. Adjustment of the parenting plan as informed by any such failure of a parent to comply
155	155	126with the parenting plan;
156	156	127 2. Attendance at an appropriate parenting education course;
157	157	128 3. Award of counsel fees, costs and expenses; or
158	158	129 4. Reimbursement for any of the following incurred as a result of the other parent’s
159	159	130failure to comply with the parenting plan:
160	160	131 a. reasonable child care and related expenses; 8 of 11
161	161	132 b. reasonable travel and related expenses; or
162	162	133 c. lost wages.
163	163	134 G. The entry of an order or judgment relative to the minor children shall not negate or
164	164	135impede the ability of either parent to have access to the academic, medical, hospital, or other
165	165	136health records of the child, as either parent would have had if the order had not been entered;
166	166	137provided, however, that if a court has issued an order to vacate against a parent or an order
167	167	138prohibiting the parents from imposing any restraint upon the personal liberty of the other parent
168	168	139or if nondisclosure of the present or prior address of the child or party is necessary to ensure the
169	169	140health, safety, or welfare of such a child or party, the court may order that any part of such record
170	170	141pertaining to such address shall not be disclosed to such parent.
171	171	142 SECTION 3. Section 31A of said chapter 208 of the General Laws, as so appearing, is
172	172	143hereby amended by striking out, in lines 20 to 21, inclusive, the words “sole custody, shared
173	173	144legal custody or shared physical custody,” and inserting in place thereof the following words:-
174	174	145sole decision making responsibility and sole residential responsibility, shared decision making
175	175	146responsibility or shared residential responsibility.
176	176	147 SECTION 4. Said section 31A of said chapter 208 of the General Laws, as so appearing,
177	177	148is hereby further amended by striking out, in lines 44, 53, 55, 56 and 59, the word “visitation”
178	178	149and inserting in place thereof the following words:- parenting time.
179	179	150 SECTION 5. Section 38 of chapter 209 of the General Laws, as so appearing, is hereby
180	180	151amended by striking out, in lines 20 to 21, inclusive, the words “sole custody, shared legal
181	181	152custody, or shared physical custody” and inserting in place thereof the following words:- sole 9 of 11
182	182	153decision making responsibility and sole residential responsibility, shared decision making
183	183	154responsibility or shared residential responsibility.
184	184	155 SECTION 6. Said section 38 of said chapter 209 of the General Laws, as so appearing, is
185	185	156hereby further amended by striking out, in lines 44, 53, 55, 56, and 59 the word “visitation” and
186	186	157inserting in place thereof the following words:- parenting time.
187	187	158 SECTION 7. Section 3 of chapter 209A of the General Laws, as appearing in the 2014
188	188	159Official Edition, is hereby amended by striking out, in lines 24 to 25, inclusive, the words “sole
189	189	160custody, shared legal custody or shared physical custody” and inserting in place thereof the
190	190	161following words:- sole decision making responsibility and sole residential responsibility, shared
191	191	162decision making responsibility or shared residential responsibility.
192	192	163 SECTION 8. Said section 3 of said chapter 209A of the General Laws, as so appearing, is
193	193	164hereby further amended by striking out, in lines 48, 57, 59, 60, 61 and 63 the word “visitation”
194	194	165and inserting in place thereof the following words:- parenting time.
195	195	166 SECTION 9. Section 1 of chapter 209C of the General Laws, as appearing in the 2014
196	196	167Official Edition, is hereby amended by striking out, in line 9, the words “visitation rights” and
197	197	168inserting in place thereof the following words:- parenting time.
198	198	169 SECTION 10. Section 2 of said chapter 209C, as so appearing, is hereby amended by
199	199	170striking out, in line 25, the words “visitation rights” and inserting in place thereof the following
200	200	171words:- parenting time. 10 of 11
201	201	172 SECTION 11. Section 4 of said chapter 209C, as so appearing, is hereby amended by
202	202	173striking out, in line 2, the word “visitation” and inserting in place thereof the following words:-
203	203	174parenting time.
204	204	175 SECTION 12. Section 5 of said chapter 209C, as so appearing, is hereby amended by
205	205	176striking out, in lines 2,47, 59, 63 and 64 the word “visitation” and inserting in place thereof the
206	206	177following words:- parenting time.
207	207	178 SECTION 13. Section 7 of said chapter 209C as so appearing, is hereby amended by
208	208	179striking out, in line 4, the word “visitation” and inserting in place thereof the following words:-
209	209	180parenting time.
210	210	181 SECTION 14. Section 9 of said chapter 209C, as so appearing, is hereby amended by
211	211	182striking out, in line 68, the word “visitation” and inserting in place thereof the following words:-
212	212	183parenting time.
213	213	184 SECTION 15. Section 10 of said chapter 209C of the General Laws, as so appearing, is
214	214	185hereby amended by striking out, in lines 60 to 61, inclusive, the words “sole custody, shared
215	215	186legal custody, or shared physical custody” and inserting in place thereof the following words:-
216	216	187sole decision making responsibility and sole residential responsibility, shared decision making
217	217	188responsibility or shared residential responsibility.
218	218	189 SECTION 16. Said section 10 of said chapter 209C, as so appearing, is hereby further
219	219	190amended by striking out, in lines 84, 89, 93, 95, 96 and 99 the word “visitation” and inserting in
220	220	191place thereof, in each instance, the following words:- parenting time. 11 of 11
221	221	192 SECTION 17. Section 11 of said chapter 209C, as so appearing, is hereby amended by
222	222	193striking out, in lines 15, 27, 61, 64, 70 and 72, the word “visitation” and inserting in place
223	223	194thereof, in each instance, the following words:- parenting time.
224	224	195 SECTION 18. Section 15 of said chapter 209C, as so appearing, is hereby amended by
225	225	196striking out, in line 14, the word “visitation” and inserting in place thereof the following words:-
226	226	197parenting time.
227	227	198 SECTION 19. Section 20 of said chapter 209C, as so appearing, is hereby amended by
228	228	199striking out, in lines 4 and 5, the word “visitation” and inserting in place thereof the following
229	229	200words:- parenting time.
230	230	201 SECTION 20. Section 23 of said chapter 209C, as so appearing, is hereby amended by
231	231	202striking out, in line 3, the word “visitation” and inserting in place thereof the following words:-
232	232	203parenting time.
233	233	204 SECTION 21. Section 40 of chapter 262 of the General Laws, as appearing in the 2014
234	234	205Official Edition, is hereby amended by striking out, in lines 48 and 51 the word “visitation” and
235	235	206inserting in place thereof the following words:- parenting time.