S909, titled 'An Act relative to child-centered family law,' aims to amend existing laws regarding child custody and parenting time in Massachusetts. The bill explicitly replaces the term 'visitation' with 'parenting time,' promoting a framework that emphasizes children's best interests and the importance of relationships with both parents. It introduces a more structured approach to parenting plans that must be incorporated into all orders or judgments involving parental responsibility for minor children, thus reflecting a shift toward shared parental responsibilities.
The bill outlines specific definitions related to parenting, including 'decision-making responsibility' which can be either shared or sole. This distinction allows for both parents to be actively involved in major decisions affecting their child's welfare. The proposal places a strong emphasis on safety, the child's well-being, and continuous access to both parents, which many see as a progressive step in family law.
Discussions surrounding S909 indicate significant support for the adoption of terms that facilitate shared parenting arrangements, as opposed to traditional custody frameworks which may promote conflict. However, there are concerns about the implications of the changes for families with histories of abuse or neglect. The amendments ensure that safeguarding measures are considered, particularly when determining the best interests of the child.
While the intent is to create a more equitable approach to parenting time during and after divorce proceedings, critics of the bill have voiced concerns regarding how the changes might complicate initial custody arrangements, especially in cases where safety is a significant issue. The new definitions and structured expectations may require additional judicial oversight, which could lead to a backlog in family courts rather than streamlined proceedings.
Replaced by
Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of certain current Senate documents relative to judicial matters.