Bill > H2684

This bill, titled "Supporting children and strengthening families," proposes significant changes to existing Massachusetts law regarding child custody, primarily within Chapter 208 of the General Laws, which deals with divorce. The core of the bill establishes a strong presumption that parents will have shared legal and physical custody of their minor children when a divorce or custody action is filed, aiming to promote frequent and continuing contact with both parents. This presumption can only be overcome if one parent proves by a preponderance of the evidence that the other parent has engaged in abuse or neglect, or if the court makes written findings that shared custody would harm the child and is not in their best interest. The bill also mandates that courts maximize a child's time with each parent, treats parents' rights as equal unless there's an emergency or abuse, and presumes that changes in parental availability or a child's developmental stage constitute a material change in circumstances for modifying custody arrangements. Furthermore, it clarifies that the failure to submit a shared custody plan does not negate the presumption of joint custody, and if shared physical custody is ordered, child support orders must be issued or revised accordingly.