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Bill > H2244


MA H2244

MA H2244
Relative to shared parenting


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to the rights of parents in child custody proceedings. The Judiciary.

AI Summary

This bill proposes changes to existing laws regarding child custody proceedings, aiming to establish a presumption of shared parenting. Specifically, it amends Section 31 of Chapter 208 of the General Laws to declare that parents' rights in custody matters are equal, provided there is no abuse or neglect, and that children have the right to spend equal time with each parent. The bill also mandates that until a final judgment is made, parents will have temporary shared legal and physical custody of their children unless there is clear evidence of abuse or neglect. It further defines fit parents as those acting in the child's best interest and presumes both parents are fit unless proven otherwise, leading to court orders for temporary shared custody. The bill removes previous language that eliminated a presumption for or against shared custody and instead requires courts to accept a jointly submitted shared custody plan from parents, or a plan from either parent if a joint one isn't provided, unless there's clear evidence of unfitness. Finally, it clarifies that if shared physical custody is ordered, child support orders will be made or revised accordingly, and that courts will honor agreements reached by parents regarding custody.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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