Bill
S 1265
The bill modernizes parental responsibility by prioritizing the child’s best interests to guide decisions about education, medical care, and living arrangements in Massachusetts pr
Note on sources and scope
- The provided metadata (title: “Relates to tax preparation and voter registration software”; sponsors: Ruben Gallego and Roxanne J. Persaud) conflicts with the bill text included. The bill text attached is Massachusetts Senate Docket No. 210 / Senate No. 1265 (filed Jan. 9, 2025), which would amend G. L. c. 208, §31 — and concerns standards for determining the best interests of children in probate and family court. This summary focuses on the substantive text provided (amendment to section 31 regarding parental responsibility and parenting plans).
Purpose
- To replace Massachusetts General Laws chapter 208, section 31 with a modernized framework for determining parental responsibility, residential arrangements, and parenting time in probate and family court proceedings, centering decisions on the “best interests” and welfare of the child while clarifying definitions and court procedures.
Key definitions introduced
- Shared Decision‑Making Responsibility: mutual parental responsibility for major child‑rearing decisions (education, medical care, emotional/behavioral and religious development).
- Sole Decision‑Making Responsibility: one parent holds decision authority for major decisions.
- Shared Residential Responsibility: child spends frequent, continued time residing with both parents; one home may be designated primary.
- Primary Residential Responsibility: child primarily resides with one parent; the other has parenting time unless court finds otherwise.
- Parental Responsibility: encompasses both decision‑making and residential responsibility.
- Parenting Plan: written plan describing allocation of parental responsibility for each child.
- Parenting Time: periods when child is under a parent’s care or supervision.
Key provisions and changes
- Establishes an equality baseline: in absence of parental misconduct, parents’ rights are held equal; the child’s happiness and welfare guide allocation of responsibilities.
- Temporary rules on filing: upon filing an action (or certain related filings), parents have temporary shared legal custody unless emergency, abuse, or neglect is shown; no presumption of temporary shared residential responsibility.
- Court discretion: court may order temporary sole decision‑making if shared decision‑making is not in the child’s best interest; may order shared arrangements even if prior protective orders exist, but must provide written findings explaining that decision.
- No presumption for or against shared decision‑making or shared residential responsibility at trial (with reference to §31A exceptions).
- Parties seeking shared arrangements must submit proposed parenting plans detailing education, healthcare, dispute resolution, schedules (including holidays/vacations) — the court may accept, modify, or reject plans.
- Agreements between parents may be entered unless court finds they are not in the child’s best interest.
- Prior orders/agreements do not create presumptions of continuation.
- Child support remains governed by Massachusetts Child Support Guidelines (G. L. c. 208, §28).
- Maintains parental access to children’s academic and medical records unless nondisclosure is necessary for safety or a court has restricted such access (text truncated in provided copy).
Who is affected
- Parents and children involved in divorce, paternity, guardianship, and other family/probate proceedings in Massachusetts.
- Probate and family courts, family law practitioners, mediators, and child welfare professionals.
- Agencies responsible for enforcement of child support and protective orders.
Procedural and timeline aspects (as provided)
- Filed: Jan. 9, 2025 (Senate Docket No. 210 / Senate No. 1265).
- Petitioners named in the text: Bruce E. Tarr, Jason M. Lewis, Peter J. Durant.
- Legislative actions (conflicting entries provided): introduced and read; referred to Judiciary (2/27/2025); read twice and referred to Committee on Finance (4/2/2025); hearings scheduled for 04/22/2025; status entries also list referral to Investigations and Government Operations (1/8/2025). These entries are inconsistent in the provided materials.
Related legislation
- References prior-session and related bills (S 8108, S 1080, S 935, S 2375 and SD 210).
Notes and caveats
- The text provided was truncated in places; the summary captures the substantive provisions present in the available excerpt.
- Because of conflicting metadata, verify the official bill number, sponsors, and current committee assignment/status on the Massachusetts Legislature website or the official docket before citing procedural status.
Compiled from official sources — confirm details with the bill’s official record.
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