Massachusetts S 1265: An Act relative to determining the best interest of children in probate and family court

Bill Text

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SENATE DOCKET, NO. 210 FILED ON: 1/9/2025
SENATE . . . . . . . . . . . . . . No. 1265

The Commonwealth of Massachusetts
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PRESENTED BY:
Bruce E. Tarr
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to determining the best interest of children in probate and family court.
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PETITION OF:

NAME: DISTRICT/ADDRESS:
Bruce E. Tarr First Essex and Middlesex
Jason M. Lewis Fifth Middlesex 2/13/2025
Peter J. Durant Worcester and Hampshire 3/17/2025

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SENATE DOCKET, NO. 210 FILED ON: 1/9/2025
SENATE . . . . . . . . . . . . . . No. 1265
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1265) of Bruce E. Tarr and Jason M.
Lewis for legislation relative to determining the best interest of children in probate and family
court. The Judiciary.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1127 OF 2023-2024.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to determining the best interest of children in probate and family court.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 Chapter 208 of the General Laws is amended by striking out section 31, as appearing in
2 the 2022 Official Edition, and inserting in place thereof the following section:
3 Section 31. Parenting of Children.
4 A. Definitions. For purposes of this section, the following terms shall have the meanings
5 set forth below:
6 1. Decision-Making Responsibility
7 a. “Shared Decision-Making Responsibility.” The parents have mutual responsibility and
8 involvement in major decisions regarding the child’s welfare, including matters of education,

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9 extracurricular activities, medical care, emotional and behavioral development, and religious
10 development.
11 b. “Sole Decision-Making Responsibility.” One parent has the right and responsibility to
12 make major decisions regarding the child’s welfare, including matters of education,
13 extracurricular activities, medical care, emotional and behavioral development, and religious
14 development.
15 2. Residential Responsibility
16 a. “Shared Residential Responsibility.” A child has periods of residing with and being
17 under the supervision of each parent in such a way as to assure a child frequent and continued
18 contact with both parents. One residence may be designated as the child’s “primary residence”
19 while the parents have “shared residential responsibility.”
20 b. “Primary Residential Responsibility.” A child resides with and be under the care and
21 supervision of one parent, and has parenting time with the other parent, unless the court
22 determines that such time with the other parent is not in the best interest of the child.
23 3. “Parental Responsibility.” This term shall encompass both decision-making and
24 residential responsibility.
25 4. “Parenting Plan.” A written plan describing parental responsibility relative to each
26 child.
27 5. “Parenting Time.” The time when the child is under the care and supervision of one
28 parent or a parenting time supervisor, without regard to whether that parent has shared or
29 primary residential responsibility.

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30 B. General Guidance.
31 1. In making an order or judgment relative to the care of children, the rights of the parents
32 shall, in the absence of misconduct, be held to be equal, and the happiness and welfare of the
33 children shall determine the distribution of parental responsibility. When considering the
34 happiness and welfare of the child, the court shall consider whether or not the child’s present or
35 past living conditions adversely affect the child’s physical, mental, or emotional health. Such
36 conditions and their impact on the child shall be relevant as the court establishes division of
37 parental responsibilities to provide for the safety, welfare and well-being of the child in a manner
38 that is workable for the foreseeable future.
39 2. Upon the filing of an action in accordance with the provisions of this section, section
40 twenty-eight of this chapter, or section thirty-two of chapter two hundred and nine and until an
41 order or judgment is rendered, absent emergency conditions, abuse, or neglect, the parents shall
42 have temporary shared legal custody of any minor child of the marriage. Nothing herein shall be
43 construed to create any presumption of temporary shared residential responsibility.
44 3. At any time after the filing of an action in accordance with the provisions of this
45 section, section twenty-eight of this chapter, or section thirty-two of chapter two hundred and
46 nine, the court may enter an order for temporary sole decision-making