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Bill

H 1714

An Act increasing parental involvement with childcare

194th Legislature (2025-2026) Introduced by Colleen Garry

Requires courts to assess and, when eligible, include noncustodial parents' childcare in support orders; no home entry; changes in ability may modify judgments.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1714

Summary of H 1714: An Act increasing parental involvement with childcare

Overview

H 1714, introduced February 27, 2025 by Representative Colleen M. Garry, seeks to increase the involvement of non-custodial parents in child care by amending Massachusetts’ family law framework. The bill would require courts to assess whether childcare services are necessary and whether the non-custodial parent is available and able to provide all or part of that care. When appropriate, the court would include terms in maintenance or support orders that authorize the non-custodial parent to provide childcare. The bill emphasizes that such access does not permit entry into the custodial parent’s home for childcare and that changes in the non-custodial parent’s ability to provide childcare can be a basis for modifying existing judgments.

What the bill would do (Key provisions)

  • Amendment to Chapter 208, Sec. 28 (Section 1):
    When a court issues a maintenance or support order, the court must determine:

    • Whether childcare services are deemed necessary by the custodial parent.
    • Whether the non-custodial parent is available and capable of providing all or part of that childcare.
      If the non-custodial parent is available, capable, and desirous of providing childcare, the court must include in the order provisions allowing the non-custodial parent to provide such childcare.
    • The non-custodial parent cannot be authorized to enter the custodial parent’s home for childcare.
    • A change in the non-custodial parent’s availability to provide childcare is a material and substantial change in circumstances that may justify modifying the existing judgment.
  • Amendment to Chapter 209C, Sec. 9 (Section 2):
    When issuing a maintenance or support order under child-support rules for children born in wedlock or out of wedlock, the court must determine:

    • Whether day care services are deemed necessary and whether the non-custodial parent is available, capable, and desirous of providing all or part of the childcare.
      If so, the court must include provisions in the order allowing the non-custodial parent to provide childcare, with the same prohibition on entering the custodial home.
    • A change in the non-custodial parent’s ability to provide childcare remains a material and substantial change in circumstances for modification purposes.

Who is affected

  • Custodial parent(s): May be required to consider and coordinate with non-custodial parent regarding childcare provisions.
  • Non-custodial parent(s): Could gain explicit rights and responsibilities to provide childcare when eligible; ability to provide childcare becomes a factor in court modifications.
  • Children: Potentially receive more flexible childcare arrangements and shared caregiving.
  • Courts and Family Court personnel: Responsible for implementing new determinations and drafting orders that include childcare provisions.

Procedural history and timeline

  • Filed: January 17, 2025 (House Docket No. 3552, House No. 1714)
  • Introduced by: Rep. Colleen M. Garry (Dracut)
  • Refer to committee: February 27, 2025 (The Judiciary)
  • Hearing: Scheduled for April 22, 2025, 1:00 PM–5:00 PM, in hearing room A-2
  • Status/Actions: Referred to committee on The Judiciary; related matter previously filed in 2023-2024 sessions (HD 1517)
  • Related bill: HD 3552 (replaces)

Potential impact and considerations

  • Encourages consideration of non-custodial parenting as an active childcare resource within support orders.
  • Creates explicit limits (no entry into the custodial home) to address safety and privacy concerns.
  • Establishes a formal modification trigger if the non-custodial parent’s ability to provide childcare changes.
  • Fiscal impact not specified in the available text; implementation would affect court processes and potential administrative needs.

Related notes

  • Similar matter previously filed in 2023-2024 (House No. 1517).
  • The bill is categorized as a “bill” and currently includes a scheduled hearing as part of its legislative process.

Compiled from official sources — confirm details with the bill’s official record.

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