HOUSE DOCKET, NO. 1717        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1312

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Sean Garballey, (BY REQUEST)

_________________

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 adoption of the accompanying bill:

An Act establishing the child's voice in family courts.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Jack Libresco

52 Huntington Rd. Arlington, MA 02474

1/15/2015


HOUSE DOCKET, NO. 1717        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1312

By Mr. Garballey of Arlington (by request), a petition (accompanied by bill, House, No. 1312) of Jack Libresco relative to the preferences of the child in divorce proceedings.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act establishing the child's voice in family courts.

 

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 31 of chapter 208 of the General Laws as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “health” in line 19 the following paragraph:

When the child turns 12, the court must include in its judgment the child’s preferences. The court shall grant the child the option to give both oral and written testimony before a judge  as a witness in court or in the judge’s chambers, or through a representative such as attorney for the child, or Guardian ad Litem regarding what the child determines to be in his or her own best interest.

SECTION 2. Section 31 of chapter 208 of the General Laws as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “determined” in line 42 the following sentence:

When the child turns 12, the shared custody implementation plan shall also include the child’s preferences on the length and frequency of visits and the dates on which visits occur.