Bill Text: MA S1596 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to child custody
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-10-18 - [S1596 Detail]
Download: Massachusetts-2009-S1596-Introduced.html
SENATE DOCKET, NO. 1362 FILED ON: 1/9/2009
SENATE . . . . . . . . . . . . . . . No. 1596
|
|
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Stephen J. Buoniconti
_______________
To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to child custody.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Stephen J. Buoniconti |
Hampden |
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative to child custody.
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. Notwithstanding any general or special law to the contrary, except as in accordance with the provisions of Section 2 of this act, if a party has been granted custody of a minor child, the court shall not modify the order granting custody of the child so long as the party meets all of the following criteria
(a) He or she is a member of the Massachusetts National Guard
(b) He or she is a resident of Massachusetts
(c) He or she has bee n called to active duty
SECTION 2. A court may modify an order granting custody of a minor child to a party who has met the criteria set forth in Section 1 if the court determines that modifying the order is in the best interest of the child and either o f the following applies:
(a) The party has died while on active duty with the armed forces of the United States .
(b) The party is no longer able to provide adequate care for the child consistent with the court's determination of the best interest of the child.
