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MA S1265
Bill
AI Summary
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Replaces Chapter 208, Section 31 of Massachusetts General Laws to establish new terminology and framework for child custody, replacing "custody" with "parental responsibility," "decision-making responsibility," and "residential responsibility"
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Establishes temporary shared legal custody as the default upon filing a divorce or custody action, absent emergency conditions, abuse, or neglect, though creates no presumption for shared residential responsibility
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Requires parents seeking shared custody arrangements to submit detailed parenting plans covering education, healthcare, dispute resolution procedures, and time-sharing schedules including holidays and vacations
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Mandates courts consider specific "best interest" factors including: parent-child relationships and caregiving history, child's adjustment to school and home, each parent's willingness to support the child's relationship with the other parent, substance abuse, domestic violence, and sexual offenses
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Requires written judicial findings when ordering shared custody despite an existing abuse prevention order, and preserves both parents' access to children's academic and medical records unless safety concerns warrant restrictions
Legislative Description
Relative to determining the best interest of children in probate and family court
Last Action
Accompanied a study order (under JR10), see S2886
12/18/2025