By Mr. Hall of Westford (by request), petition (accompanied by bill, House, No. 1480) of Mark Cimini relative to shared legal and shared physical custody of children.  The Judiciary.

The Commonwealth of Massachusetts

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PETITION OF:

Mark Cimini

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In the Year Two Thousand and Seven.

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An Act relative to the custody of children .

    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.  Chapter 208 of the General Laws is hereby amended by striking out section 31, as appearing in the 2002 Official Edition, and inserting in place thereof the following section:
For the purposes of this section, the following words shall have the following meaning unless the context requires otherwise:
“Sole legal custody”, one parent shall have the right and responsibility to make major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development.
“Shared legal custody”, continued mutual responsibility and involvement by both parties in major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development.
“Sole physical custody”, a child shall reside with and be under the supervision of one parent, subject to reasonable visitation by the other parent, unless the court determines that such visitation would not be in the best interest of the child.
“Shared physical custody”, a child shall have periods of residing with and being under the supervision of each parent; provided, however, that physical custody shall be shared by the parents in such a way as to assure a child's frequent and continued contact with both parents.
In the absence of the father, as defined in section 31, the court shall order shared legal custody and shared physical custody and said physical custody shall be as equal in time as feasible. In cases of abuse, the non-abusive party shall be awarded sole legal custody and sole physical custody.

SECTION 2. Chapter 209 of the General Laws is hereby amended by striking out

section 38, as appearing in the 1998 Official Edition, and inserting in place thereof

the following section:—

Section 38. For the purposes of this section, the following words shall have the following meaning unless the context requires otherwise:
“Sole legal custody”, one parent shall have the right and responsibility to make major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development.
“Shared legal custody”, continued mutual responsibility and involvement by both parents in major decisions regarding the child’s welfare including matters of education, medical care and emotional, moral and religious development.
“Sole physical custody”, a child shall reside with and be under the supervision of one parent, subject to reasonable visitation by the other parent, unless the court determines that such visitation would not be in the best interest of the child.
“Shared physical custody”, a child shall have periods of residing with and being under the supervision of each parent; provided, however, that physical custody shall be shared by the parents in such a way as to assure a child frequent and continued contact with both parents.
In issuing any temporary or permanent custody order, the probate and family court shall consider evidence of past or present abuse toward a parent or child as a factor contrary to the best interest of the child. For the purposes of this section, “abuse” shall mean the occurrence of one or more of the following acts between a parent and the other parent or between a parent and child:
(a) attempting to cause or causing bodily injury; or (b) placing another in reasonable fear of imminent bodily injury. “Serious incident of abuse” shall mean the occurrence of one or more of the following acts between a parent and the other parent or between a parent and child: (a) attempting to cause or causing serious bodily injury; (b) placing another in reasonable fear of imminent serious bodily injury; or (c) causing another to engage involuntarily in sexual relations by force, threat or duress. For purposes of this section, “bodily injury” and “serious bodily injury” shall have the same meanings as provided in section 13K of chapter 265.
If abuse is found, sole legal and sole physical custody shall be awarded to the non-abusive parent. In all other cases, the court shall order shared legal and shared physical custody and said physical custody be as equal in time as feasible.