Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1157 Compare Versions

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

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2	2	SENATE DOCKET, NO. 1243 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1157
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
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 determining the best interest of children in probate and family court.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 8
16	16	SENATE DOCKET, NO. 1243 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1157
18	18	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1157) of Jason M. Lewis for
19	19	legislation to determine the best interest of children in probate and family court. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1026 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 determining the best interest of children in probate and family court.
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. Chapter 208 of the General Laws is amended by striking out section 31, as
31	31	2appearing in the 2022 Official Edition, and inserting in place thereof the following section:
32	32	3 Section 31. Parenting of Children.
33	33	4 A. Definitions. For purposes of this section, the following terms shall have the meanings
34	34	5set forth below:
35	35	6 1. Decision-Making Responsibility
36	36	7 a. “Shared Decision-Making Responsibility.” The parents have mutual responsibility and
37	37	8involvement in major decisions regarding the child’s welfare, including matters of education, 2 of 8
38	38	9extracurricular activities, medical care, emotional and behavioral development, and religious
39	39	10development.
40	40	11 b. “Sole Decision-Making Responsibility.” One parent has the right and responsibility to
41	41	12make major decisions regarding the child’s welfare, including matters of education,
42	42	13extracurricular activities, medical care, emotional and behavioral development, and religious
43	43	14development.
44	44	15 2. Residential Responsibility
45	45	16 a. “Shared Residential Responsibility.” A child has periods of residing with and being
46	46	17under the supervision of each parent in such a way as to assure a child frequent and continued
47	47	18contact with both parents. One residence may be designated as the child’s “primary residence”
48	48	19while the parents have “shared residential responsibility.”
49	49	20 b. “Primary Residential Responsibility.” A child resides with and be under the care and
50	50	21supervision of one parent, and has parenting time with the other parent, unless the court
51	51	22determines that such time with the other parent is not in the best interest of the child.
52	52	23 3. “Parental Responsibility.” This term shall encompass both decision-making and
53	53	24residential responsibility.
54	54	25 4. “Parenting Plan.” A written plan describing parental responsibility relative to each
55	55	26child.
56	56	27 5. “Parenting Time.” The time when the child is under the care and supervision of one
57	57	28parent or a parenting time supervisor, without regard to whether that parent has shared or
58	58	29primary residential responsibility. 3 of 8
59	59	30 B. General Guidance.
60	60	31 1. In making an order or judgment relative to the care of children, the rights of the parents
61	61	32shall, in the absence of misconduct, be held to be equal, and the happiness and welfare of the
62	62	33children shall determine the distribution of parental responsibility. When considering the
63	63	34happiness and welfare of the child, the court shall consider whether or not the child’s present or
64	64	35past living conditions adversely affect the child’s physical, mental, or emotional health. Such
65	65	36conditions and their impact on the child shall be relevant as the court establishes division of
66	66	37parental responsibilities to provide for the safety, welfare and well-being of the child in a manner
67	67	38that is workable for the foreseeable future.
68	68	39 2. Upon the filing of an action in accordance with the provisions of this section, section
69	69	40twenty-eight of this chapter, or section thirty-two of chapter two hundred and nine and until an
70	70	41order or judgment is rendered, absent emergency conditions, abuse, or neglect, the parents shall
71	71	42have temporary shared legal custody of any minor child of the marriage. Nothing herein shall be
72	72	43construed to create any presumption of temporary shared residential responsibility.
73	73	44 3. At any time after the filing of an action in accordance with the provisions of this
74	74	45section, section twenty-eight of this chapter, or section thirty-two of chapter two hundred and
75	75	46nine, the court may enter an order for temporary sole decision-making responsibility for one
76	76	47parent if shared decision-making responsibility would not be in the best interest of the child.
77	77	48 4. If, despite the prior or current issuance of an abuse prevention order against one parent
78	78	49pursuant to chapter two hundred and nine A or of a domestic relations protective order pursuant
79	79	50to section 18 of this chapter, the court orders shared decision-making or residential responsibility 4 of 8
80	80	51either as a temporary order or as a judgment, the court shall provide written findings to support
81	81	52such order.
82	82	53 5. There shall be no presumption either in favor of or against shared decision-making or
83	83	54shared residential responsibility at the time of the trial, except as provided in section 31A of this
84	84	55chapter.
85	85	56 6. When a party requests distribution of parental responsibility and division of parenting
86	86	57time, that party shall provide a proposed order to the court. At the trial, if the issues of parental
87	87	58responsibility or parenting time are contested and either party seeks shared decision-making or
88	88	59shared residential responsibility, the parties, jointly or individually, shall submit to the court a
89	89	60parenting plan setting forth the details of their proposed plan including, but not limited to: the
90	90	61child’s education; the child’s health care, procedures for resolving disputes between the parties
91	91	62with respect to child-raising decisions and duties; and the periods of time during which each
92	92	63party will have the child reside or spend time with each party, including holidays and vacations,
93	93	64or the procedure by which such periods of time shall be determined.
94	94	65 7. At trial on the merits, the court shall consider the parties’ proposed parenting plans in
95	95	66light of the factors set forth in (C) of this section. The court may accept, change, or reject the
96	96	67parenting plan submitted.
97	97	68 8. Where the parents have reached an agreement providing for parental responsibility of
98	98	69the child, the court may enter an order in accordance with such agreement, unless specific
99	99	70findings are made by the court indicating that such an order would not be in the best interests of
100	100	71the child. 5 of 8
101	101	72 9. Prior orders or agreements shall not create a presumption that their terms shall be
102	102	73continued.
103	103	74 10. A parent’s responsibility for child support shall continue to be governed by the
104	104	75Massachusetts Child Support Guidelines as required by section 28 of this chapter, regardless of
105	105	76the use of the terms shared or primary residential responsibility in any order or judgment.
106	106	77 11. The entry of an order or judgment relative to the parental responsibility for the minor
107	107	78children shall not negate or impede the ability of both parents to have access to the academic,
108	108	79medical, hospital, or other health records of the child, as the parent would have had if the order
109	109	80or judgment had not been entered; provided, however, that if a court has issued an order to
110	110	81vacate against one parent or an order prohibiting a parent from imposing any restraint upon the
111	111	82personal liberty of the other parent or if nondisclosure of the records, in whole or in part, is
112	112	83necessary to ensure the health, safety, or welfare of such child or party, the court may order that
113	113	84all or any part of such record the shall not be disclosed to a parent or make other such other
114	114	85orders to restrict release of such records in accordance with G.L. c. 71, s.34H.
115	115	86 C. Determination of Parental Responsibilities. In determining parental responsibilities,
116	116	87both at the time of entry of temporary orders and judgment, the court shall be guided by the best
117	117	88interest of the child. At the time of entry of temporary orders, the court shall consider holidays
118	118	89and issues related to the child’s schedule that are likely to arise before the next date at which
119	119	90orders will be made. In determining the best interest of the child, the court shall consider G.L. c.
120	120	91208, s.31A, if applicable, and seek to establish a parenting plan that fully provides for the safety
121	121	92of the children and the parties and the well-being of the children, and that is workable. 6 of 8
122	122	93 1. In determining what parental responsibility arrangement and parenting plan provides
123	123	94for the well-being of the child, the court shall consider:
124	124	95 (a) The past, present, and potential future relationship between the parent and the child,
125	125	96including the history of caregiving functions provided by each parent;
126	126	97 (b) The child’s adjustment to their school, community, and home, including any siblings
127	127	98and other household members;
128	128	99 (c) The anticipated effect on the child of disrupting or continuing the current custody
129	129	100situation, taking into account any special needs of the child;
130	130	101 (d) The willingness and ability of each parent to allow a close and continuing relationship
131	131	102between the child and the other parent; provided, however, that the court may not consider this
132	132	103factor if the court has found credible concerns related to s.31A or s.(C)(2) herein, whether or not
133	133	104the court has restricted contact based upon those concerns;
134	134	105 (e) The demonstrated capability and desire of each parent to understand and meet the
135	135	106physical, emotional, mental, religious, and social needs of each child, taking into account any
136	136	107special needs of the child; and
137	137	108 (f) The preference of the child, if the child is of sufficient age, temperament, and
138	138	109maturity.
139	139	110 2. In deciding what parental responsibility arrangement and parenting plan is safe for the
140	140	111children and the parties, the court shall consider:
141	141	112 (a) Whether a parent’s use of drugs, alcohol, or another substance interferes with that
142	142	113parent’s ability to properly care for the child; 7 of 8
143	143	114 (b) Whether a parent has inflicted physical, psychological, emotional, or financial abuse
144	144	115against the other parent, against any household member, or against a child; and
145	145	116 (c) Whether a parent has committed a sexual offense which, after considering the nature
146	146	117of the offense, the age of the victim, and the relationship between the parent and the victim,
147	147	118raises concerns regarding parenting time with the child.
148	148	119 3. In determining what parenting plan and schedule of parenting time will best meet the
149	149	120physical and emotional needs of a child, the court shall seek to create a parenting arrangement
150	150	121that is workable and realistic. In determining workability, the court shall consider:
151	151	122 (a) Whether the proposed arrangement is manageable, over time, for the parties and child,
152	152	123and for all other parties relevant to carrying out the arrangement;
153	153	124 (b) The geographic location and availability of each parent, including each party’s access
154	154	125to transportation, distance between the parties, or incarceration of a parent;
155	155	126 (c) Whether the level of cooperation required is within the past and present abilities of the
156	156	127parties and/or includes supports for developing improved cooperation and communication; and
157	157	128 (d) The ability of each parent to provide the required caregiving functions during their
158	158	129parenting time, including the parent’s ability to arrange for appropriate care and supervision.;
159	159	130 (e) Whether the length of each parent’s parenting time, the location of parenting time, the
160	160	131manner and location of exchange, the presence of supervision or parenting support, and the
161	161	132location of the parenting time adequately addresses the needs of the child and of each parent in
162	162	133accordance with (C)(1) and (C)(2) of this section. 8 of 8
163	163	134 The court may also consider additional factors that are deemed relevant and proven by
164	164	135the evidence, but must make findings specifying the factors considered and their relative weight.