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Bill > S892


MA S892

MA S892
Relative to shared custody


summary

Introduced
04/15/2015
In Committee
04/15/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to share custody of minor children of divorced or separated parents. The Judiciary.

AI Summary

This bill proposes changes to existing law regarding child custody for divorced or separated parents, aiming to ensure minor children maintain frequent and continuing contact with both parents. It establishes a legal presumption that shared custody, meaning both parents share in the rights and responsibilities of child care and rearing, is in the best interest of the children and should be considered paramount for their happiness and welfare. The bill presumes that both parents have an inalienable right to share temporary and final legal and physical custody unless one or both parents are proven unfit to the extent of causing immediate danger, have abandoned the children, or voluntarily give up custody. If parents can agree on a shared custody arrangement, their agreement will become a court order, provided they understand their rights and the arrangement is in the children's best interest. If parents cannot agree, the court will determine the shared arrangements, with the goal of children spending equal time with each parent, as long as it doesn't disrupt their schooling. If equal time isn't feasible, the court will ensure one parent has a guaranteed minimum amount of time with the children annually.

Committee Categories

Justice

Sponsors (4)

Last Action

Accompanied a study order, see S2204 (on 04/04/2016)

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