Bill > S1157

This bill amends Massachusetts law regarding child custody and parental responsibilities in probate and family court proceedings, establishing comprehensive guidelines for determining the best interests of children during divorce or separation. The bill defines key terms like "shared decision-making responsibility" (where parents jointly make major decisions about the child's welfare) and "primary residential responsibility" (where one parent has primary custody). It establishes that parents' rights are considered equal absent misconduct, and the child's happiness and welfare are the primary considerations when determining parental responsibilities. The legislation requires courts to consider multiple factors when establishing parenting plans, including the child's relationship with each parent, their adjustment to current living situations, each parent's ability to meet the child's needs, and the child's own preferences if they are mature enough. The bill also mandates that courts evaluate potential safety concerns, such as substance abuse, domestic violence, or sexual offenses, when determining parenting time and responsibilities. Importantly, the bill emphasizes creating workable, realistic parenting arrangements that provide for the child's physical, emotional, and developmental needs while ensuring meaningful contact with both parents, unless such contact would not be in the child's best interest.

Justice

https://malegislature.gov/Bills/194/S1157