MA H1659

Replaces Section 31 of Chapter 208 (divorce law) with comprehensive new framework establishing definitions for "shared" and "sole" decision-making responsibility, "shared" and "primary" residential responsibility, and requirements for parenting plans

Parents have temporary shared legal custody upon filing a divorce/custody action until a court order is issued, absent emergency conditions, abuse, or neglect; no presumption exists for or against shared custody arrangements at trial

Courts must require written findings when ordering shared custody despite an existing abuse prevention order against one parent

Establishes specific factors courts must weigh for child well-being (parent-child relationship history, child's school/community adjustment, each parent's capability) and safety (substance abuse, physical/psychological/emotional/financial abuse, sexual offenses)

Requires courts to evaluate workability of parenting arrangements, including geographic distance, transportation access, parental cooperation levels, and whether proposed schedules realistically meet the child's needs