HOUSE DOCKET, NO. 599        FILED ON: 1/12/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1399

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act increasing parental involvement with childcare..

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.