Bill > H2331

This bill amends various sections of Massachusetts law to restrict the modification of child custody orders during the time a parent is on active military duty. The key provisions are: - The court shall not enter an order modifying or amending a previous custody order that changes the child's placement that existed on the date the parent was called to active military duty. However, the court may enter a temporary custody order if there is clear and convincing evidence that it is in the best interest of the child. - Upon the parent's return from active military duty, the court shall reinstate the custody order in effect immediately preceding that period of active military duty. - If a motion for change of custody is filed after the parent returns from active military duty, the court shall not consider the parent's absence due to military duty in determining the best interest of the child. The purpose of these changes is to protect the custody arrangements of military parents who are called to active duty, and to prevent their absence from being used against them in subsequent custody proceedings.

Justice

https://malegislature.gov/Bills/190/H2331