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By Miss Garry of Dracut, petition (accompanied by bill, House, No. 1459) of Colleen M. Garry relative to child care involvement of non-custodial parents. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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By Miss Garry of Dracut, petition (accompanied by bill, House, No. 1459) of Colleen M. Garry relative to child care involvement of non-custodial parents. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION
1. Section 28 of Chapter 208 of the General Laws, as so appearing, is hereby
amended by inserting at the end of the first paragraph the following:—
When the court makes an order or judgment for maintenance or support of a child
or children hereunder, the court shall determine whether childcare services are
deemed necessary by the custodial parent and whether the non-custodial parent
is available and capable of providing all or part of said childcare. If the
court determines that the non-custodial parent is available, capable, and
desirous of providing all or part of said childcare for the child or children
for whom support is ordered, the court shall include in its order provisions
allowing the non-custodial parent the right to provide such child care. Nothing
in this section shall be deemed to authorize entry by the non-custodial parent
into the home of the custodial parent for the purposes of childcare. A change
in the availability of the non-custodial parent to provide childcare shall
constitute a material and substantial change in circumstances for purposes of
modification of existing judgments.
SECTION 2. Section
9 of Chapter 209C of the General Laws, as so appearing, is hereby amended by
inserting at the end of subsection (a) the following:—
When the court makes an order or judgment for maintenance or support of a child
or children, said court shall determine whether day care services are deemed
necessary by the custodial parent and whether the non-custodial parent is
available, capable, and desirous of providing all or part of said child care.
When the court has determined that the non-custodial parent is available,
capable, and desirous of providing child care for the child or children for
whom support is ordered, the court shall include in its orders provisions
allowing the non-custodial parent the right to provide said child care. Nothing
in this section shall be deemed to authorize entry by the non-custodial parent
into the home of the custodial parent for the purposes of childcare. A change
in the availability of the non-custodial parent to provide childcare shall
constitute a material and substantial change in circumstances for purposes of
modification of existing judgments.
Ch. 208, sec. 28 refers to support orders as part of divorce.
Ch.
209C, see 9 refers to support orders for children born out of wedlock.