PETITION OF:

Colleen M. Garry

Steven C. Panagiotakos

Todd M. Smola

Dianne Wilkerson

David B. Sullivan

Robert K. Coughlin

Thomas P. Kennedy

F. Jay Barrows

Thomas A. Golden, Jr.

Jeffrey Davis Perry

Joseph F. Wagner

John J. Binienda

Geoffrey D. Hall

Stephen M. Brewer

John P. Fresolo

Robert P. Spellane

Patrick M. Natale

Cory Atkins

John A. Lepper

Stephen P. LeDuc

Eric Turkington

David M. Nangle

Paul C. Casey

Anne M. Gobi

Bradley H. Jones, Jr.

Thomas J. Calter

Christine E. Canavan

Richard J. Ross

Lewis G. Evangelidis

John F. Quinn

George N. Peterson, Jr.

Pam Richardson

Scott P. Brown

Denis E. Guyer

Thomas M. Stanley

Stephen R. Canessa

Robert L. Hedlund

Harold P. Naughton, Jr.

Michael E. Festa

Elizabeth A. Poirier

Paul J. P. Loscocco

Robert J. Nyman

Susan C. Fargo

Richard T. Moore

SECTION 1.  Section 31 of Chapter 208 of the General Laws, as appearing in

the most recent edition, is hereby amended in the sixth paragraph by striking

the following:.- When considering the happiness and welfare of the child, the

court shall consider whether or not the child's present or past living

conditions adversely affect his physical, mental, moral or emotional health.

      SECTION 2. Said section 31 is hereby further amended by inserting after

the sixth paragraph the following new paragraph:- In furtherance of the public

policy that the happiness and welfare of children is enhanced by frequent and

continuing contact with both their parents, upon the filing of an action in

accordance with the provisions of this section, section twenty eight of this

chapter, or section thirty-two of chapter two hundred and nine, the parents

shall have temporary shared legal custody and shared physical custody of any

minor child of the parties. In making an order or judgment relative to the

custody of a minor child, there shall be a presumption that, absent emergency

conditions, or abuse or neglect of said child, the parents shall have shared

legal custody and shared physical custody of said child. The judge may enter

any order or judgment for sole legal custody for one parent and/or sole

physical custody for one parent if written findings are made setting forth the

specific facts supporting a determination that the child would be harmed as a

result of shared legal or shared physical custody. In making any order or

judgment concerning the parenting schedule of each parent with a minor child,

the rights of the parents, absent emergency, abuse, or neglect of one of the

parents, shall be held to be equal, and the Court shall endeavor to maximize

the exposure of the child to each of the parents so far as the same is

practicable. A change in the availability of one or both parents to parent a

minor child, and/or a change in the developmental stage of a minor child, shall be presumed to constitute a material and substantial change

in circumstances for the purposes of a complaint or counterclaim seeking to

modify a parenting schedule or parenting plan incorporated into a judgment of

divorce. Nothing herein shall be deemed to modify the provisions of G.L. c.208,

sec. 31A.

      SECTION 3. Said section 31 is hereby further amended by striking the

following paragraphs:-

      Upon the filing of an action in accordance with the provisions of this

section, section twenty-eight of this chapter, or section thirty-two of chapter

two hundred and nine and until a judgment on the merits is rendered, absent

emergency conditions, abuse or neglect, the parents shall have temporary shared

legal custody of any minor child of the marriage; provided, however, that the

judge may enter an order for temporary sole legal custody for one parent if

written findings are made that such shared custody would not be in the best

interest of the child. Nothing herein shall be construed to create any

presumption of temporary shared physical custody.

      In determining whether temporary shared legal custody would not be in the

best interest of the child, the court shall consider all relevant facts

including, but not limited to, whether any member of the family abuses alcohol

or other drugs or has deserted the child and whether the parties have a history

of being able and willing to cooperate in matters concerning the child.

      If, despite the prior or current issuance of a restraining order against

one parent pursuant to chapter two hundred and nine A, the court orders shared

legal or physical custody either as a temporary order or at a trial on the

merits, the court shall provide written findings to support such shared custody

order.

      There shall be no presumption either in favor of or against shared legal

or physical custody at the time of the trial on the merits, except as provided

for in section 31A.

      SECTION 4. Said section 31 is hereby further amended in the twelfth

paragraph, in the third sentence, by inserting after the words "The court may

also reject the plan and issue a sole legal and" the following:- /or sole

      SECTION 5. Said section 31 is hereby further amended in the twelfth

paragraph, in the third sentence, by inserting after the words "The court may

also reject the plan and issue a sole legal and physical custody award to

either parent" the following new words:- if written findings are made, setting

forth the specific facts supporting a determiniation that the child would be

harmed as a result of shared legal or shared physical custody.

      SECTION 6. Said section 31 is hereby further amended in the twelfth

paragraph by inserting after the words "A shared custody implementation plan

issued or accepted by the court shall become part of the judgment in the

action, together with any other appropriate custody orders and orders regarding

the responsibility of the parties for the support of the child." the following

new sentence:- The failure of one or both parties, however, to submit a shared

custody implementation plan for trial shall not diminish the presumption of

joint physical and joint legal custody, nor affect the child's right and the

parents' rights to frequent and continuing contact.

      SECTION 7. Said section 31 is hereby further amended by striking the

fourteenth paragraph and inserting in place thereof the following:- If shared

physical custody is ordered, the judge shall at that time make a child support

order, or revise its previous order, as appropriate to the circumstances.

      SECTION 8. Said section 31 is hereby further amended, in the last

paragraph, by striking the words "specific findings are made by the court

indicating that such an order would not be in the best interests of the

children" and inserting in place thereof the following:- written findings are

setting forth the specific facts supporting a determination that the child

would be harmed as a result of implementation of the agreement.