Prohibiting court ordered visitation rights to any persons convicted of criminal offenses against a minor
Summary
H1716 would amend Massachusetts domestic relations law to restrict courts from granting unsupervised visitation rights to a parent who has been convicted of specified sexual abuse or other crimes against children. The bill applies to two sections of the General Laws governing custody and visitation, Chapter 208, section 28 and Chapter 209, section 37, and would add language directing courts not to issue unsupervised visitation orders in these circumstances.
The bill includes a narrow exception: if the child is of suitable age and assents to the order, and a guardian ad litem determines that visitation is in the child’s best interest, the court could still allow such visitation. The listed offenses include a range of child sexual abuse and related crimes under Chapters 265 and 272, with the bill referencing specific statutory sections as examples of disqualifying convictions.
Impact
If enacted, H1716 would change family court practice by limiting judicial discretion to award unsupervised visitation to convicted offenders in cases involving crimes against minors. It would directly amend the state’s custody and visitation statutes in Chapters 208 and 209 of the General Laws, creating a categorical restriction with a child-centered exception. The practical effect would be to strengthen protections for children in custody and visitation disputes where a parent has a qualifying conviction.
Sentiment
The available record shows no committee transcript, vote tally, or recorded floor debate, so there is no documented formal sentiment from legislative discussion. Based on the bill’s caption and text, the measure appears to be framed as a child-protection proposal intended to prevent contact between children and parents convicted of serious offenses against minors. Because no votes or testimony are provided, support or opposition cannot be assessed from the supplied materials.
Contention
The main point of potential contention is the bill’s broad restriction on unsupervised visitation for parents with certain convictions, which could be viewed as necessary child protection by supporters but as overly rigid by opponents concerned about individualized judicial discretion and family reunification. Another likely issue is the exception allowing visitation when the child assents and a guardian ad litem finds it in the child’s best interest, which may raise questions about how much discretion courts retain and how the child’s age and best interests would be evaluated. No specific opposing or supporting groups are identified in the provided record.