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MA H4544

MA H4544
Relative to child-centered family law


summary

Introduced
07/23/2016
In Committee
09/19/2016
Crossed Over
07/23/2016
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Substituted by the House, on motion of Mr. Fernandes of Milford, for a bill with the same title (House, No. 4107). July 23, 2016.

AI Summary

This bill, titled "Relative to child-centered family law," proposes significant changes to Massachusetts family law, primarily by replacing the term "visitation" with "parenting time" and redefining how parental responsibilities are handled in cases involving children. It establishes that every child has a right to a meaningful relationship with both parents, subject to the child's best interests, and encourages shared parental responsibilities. The bill introduces new definitions for "Decision-Making Responsibility" (shared or sole) and "Residential Responsibility" (shared or primary), with "shared residential responsibility" meaning a child spends at least one-third of their time with each parent, though this is not a presumption. A "Parenting Plan," a written document outlining these responsibilities, will be incorporated into all divorce and modification judgments involving minor children. The bill also outlines numerous factors courts must consider when determining parental responsibilities, emphasizing the child's best interests, the child's wishes if of sufficient age, the parents' ability to cooperate, and any history of abuse or substance abuse. Furthermore, it details the contents of a parenting plan, including provisions for decision-making, residential arrangements, schedules, and dispute resolution, and outlines remedies for noncompliance, such as adjusting the plan or ordering parenting education. Finally, the bill ensures that neither parent's ability to access a child's academic or health records is negated by court orders, with exceptions for safety concerns.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Read; and referred to the committee on Senate Ways and Means (on 09/19/2016)

bill text


bill summary

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bill summary

Document Type Source Location Created
State Bill Page https://malegislature.gov/Bills/189/H4544 07/24/2016
Bill https://malegislature.gov/Bills/189/H4544.pdf 07/24/2016
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