Bill > H1385

This bill amends Chapter 208 of the General Laws to provide guidance on determining the best interest of children in Probate and Family Court decisions. The key provisions include: 1. Defining terms related to "Decision-Making Responsibility" (shared or sole) and "Residential Responsibility" (shared or primary). 2. Establishing that in the absence of misconduct, the rights of parents shall be held equal, and the happiness and welfare of the children shall determine the distribution of parental responsibility. 3. Allowing the court to order temporary sole decision-making responsibility if shared decision-making would not be in the best interest of the child. 4. Providing factors for the court to consider in determining parental responsibilities and parenting plans, including the relationship between the parent and child, the child's adjustment, the willingness of each parent to allow a relationship with the other, the capability of each parent to meet the child's needs, and the child's preference. 5. Requiring the court to consider safety concerns, such as substance abuse, abuse, and sexual offenses, when determining parental responsibilities and parenting plans. 6. Directing the court to create a parenting arrangement that is workable and realistic, considering factors like the geographic location and availability of each parent, the level of cooperation required, and the ability of each parent to provide the required caregiving.

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https://malegislature.gov/Bills/191/H1385