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MA H1528

MA H1528
Relative to determining the best interest of children in probate & family court


summary

Introduced
03/29/2021
In Committee
03/29/2021
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

192nd General Court

Bill Summary

Relative to determining the best interest of children in Probate and Family Court decisions. The Judiciary.

AI Summary

This bill seeks to amend the existing Massachusetts law related to determining the best interest of children in Probate and Family Court decisions. The key provisions of the bill include: 1. Defining key terms such as "Shared Decision-Making Responsibility," "Sole Decision-Making Responsibility," "Shared Residential Responsibility," and "Primary Residential Responsibility" to clarify the different types of parental responsibilities. 2. Establishing that the rights of parents shall be held equal, and the happiness and welfare of the children shall determine the distribution of parental responsibility, considering factors such as the child's living conditions, safety, and well-being. 3. Providing guidelines for the court to consider when determining parental responsibilities, such as the parent-child relationship, the child's adjustment to their environment, the willingness of each parent to support the child's relationship with the other parent, and the demonstrated capability and desire of each parent to meet the child's needs. 4. Requiring the court to consider factors related to the safety of the children and the parties, such as substance abuse, abuse, and sexual offenses, when determining the parental responsibility arrangement and parenting plan. 5. Directing the court to seek to create a parenting plan that is workable and realistic, considering factors such as the parties' geographic locations, cooperation, and ability to provide required caregiving functions.

Committee Categories

Justice

Sponsors (4)

Last Action

Accompanied a study order, see H4844 (on 06/09/2022)

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