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Bill > S775


MA S775

Relative to determining the best interest of children in probate and family court


summary

Introduced
01/23/2017
In Committee
01/23/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

For legislation relative to determining the best interest of children in probate and family court. The Judiciary.

AI Summary

This bill amends Chapter 208 of the General Laws to provide guidance on determining the best interest of children in probate and family court proceedings. The key provisions include: 1. Definitions of "Shared Decision-Making Responsibility," "Shared Residential Responsibility," and "Primary Residential Responsibility" to clarify parental responsibilities. 2. Guidance that the rights of parents shall be held equal in the absence of misconduct, and the happiness and welfare of the children shall determine the distribution of parental responsibility. 3. The establishment of a process for developing and submitting parenting plans, which the court may accept, change, or reject. 4. Factors the court must consider in determining parental responsibilities, including the past and potential future relationship between the parent and child, the child's adjustment to their environment, the willingness and ability of each parent to foster the child's relationship with the other parent, and any special needs or preferences of the child. 5. Additional factors the court must consider in ensuring the safety of the children and parties, such as substance abuse, domestic violence, and sexual offenses. 6. Guidance on creating a workable and realistic parenting plan, considering factors like the geographic location and availability of the parents, their level of cooperation, and their ability to provide the required caregiving functions.

Committee Categories

Justice

Sponsors (3)

Last Action

Accompanied a study order, see S2313 (on 03/01/2018)

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