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Bill > H1318


MA H1318

MA H1318
Relative to child custody when parent is on active military duty


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to child custody when a parent is on active military duty. The Judiciary.

AI Summary

This bill aims to protect child custody and parenting time arrangements for parents serving in the military. It clarifies that a parent's absence, relocation, or inability to follow custody orders due to military activation, mobilization for operations, or deployment out of state will not be held against them when considering changes to custody or parenting plans. If a parent receives orders requiring them to move a significant distance or otherwise impacting their ability to exercise custody or parenting time, the court can issue temporary orders for the duration of the duty and can delegate parenting time to a close family member or stepparent if it's in the child's best interest. Furthermore, if a parent's military duty will prevent them from attending a hearing in person, the court must either hold an expedited hearing before their departure or allow them to participate remotely through electronic means like phone or video conferencing. The bill defines "deployment" as a temporary transfer for combat or military operations, "mobilization" as a transfer of National Guard or Reserve members to extended active duty (excluding annual training), and "temporary duty" as a short-term transfer to a different location for training or non-combat missions.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4624 (on 09/22/2016)

bill text


bill summary

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bill summary

Document Type Source Location Created
State Bill Page https://malegislature.gov/Bills/189/House/H1318 11/24/2016
State Bill Page https://malegislature.gov/Bills/189/H1318 03/11/2015
Bill https://malegislature.gov/Bills/189/H1318.pdf 03/11/2015
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