H 1457 Massachusetts House · 193rd Legislature (2023-2024)

An Act relative to determining the best interest of children in probate & family court

This bill updates Massachusetts law to clarify how courts should define and apply the concept of a child's best interest in family and probate cases. It introduces specific definitions for shared versus sole decision-making and residential responsibilities, requiring parents to submit detailed parenting plans that outline schedules for education, healthcare, and dispute resolution. The legislation removes previous legal presumptions favoring shared custody, instead mandating that judges make orders based on the unique circumstances of each case without assuming one arrangement is better than the other. Additionally, it establishes a temporary rule granting both parents equal legal custody at the start of a case unless there is evidence of abuse or neglect, while requiring written justification if a judge orders shared responsibility despite existing protective orders.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
Senate Passage
Feb 2023
Governor
Introduced Feb 16, 2023 Last action Jun 5, 2024
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Feb 16, 2023
Senate · Passed
Senate concurred
Feb 16, 2023
House · Referred to committee
Referred to the committee on The Judiciary
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Marjorie Decker
Marjorie Decker
DDemocratic
MA
25th Middlesex