Bill > H1710

This bill proposes significant changes to Massachusetts divorce law regarding child custody, with a strong emphasis on shared parenting. The bill establishes a presumption that parents should have both shared legal custody (joint decision-making rights) and shared physical custody (roughly equal time with children) after divorce, unless there is evidence of abuse, neglect, or potential harm to the child. The legislation requires judges to make specific written findings if they want to deviate from shared custody, meaning they must explicitly document why sole custody for one parent would be better for the child's welfare. The bill also stipulates that changes in parents' availability or a child's developmental stage can be grounds for modifying existing parenting plans. Additionally, the bill removes previous language that allowed courts to consider a child's living conditions as a primary factor in custody decisions and strengthens the legal principle that children benefit from frequent and continuing contact with both parents. The proposed changes aim to create a more balanced approach to child custody that prioritizes maintaining meaningful relationships with both parents post-divorce, while still preserving judicial discretion to protect children's best interests in cases of potential harm.

Justice

https://malegislature.gov/Bills/194/H1710