Senate to take up legislation modernizing child custody jurisdiction laws
October 3, 2024New law would support safety and well-being of children, bring national uniformity to child custody cases
(BOSTON—10/3/2024) Today, the Massachusetts Senate will take up legislation to simplify and modernize child custody jurisdiction laws in the Commonwealth.
An Act relative to the Uniform Child Custody Jurisdiction and Enforcement Act would simplify jurisdictional laws and bring Massachusetts in conformity with other jurisdictions. By so doing, the Commonwealth would be creating an easier and more streamlined process for families going through challenging times, and supporting the safety and well-being of children who find themselves in custody challenges.
Under the new law, clear rules would be established for multi-state custody cases, prioritizing the “home state” of the child in such cases, and ensuring Massachusetts courts can work effectively with courts in other states around the nation, as well as for international child custody orders. Going forward, once Massachusetts courts have exercised jurisdiction over custody, our courts would maintain jurisdiction over potential changes in the judgment or order, so long as a parent or the child remain in state, thus preventing forum-shopping and dueling lawsuits in multiple jurisdictions.
The standard was established under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), drafted in 1997 by the National Conference of Commissioners on Uniform state laws. If passed, Massachusetts would join all other states in adopting the uniform laws.
The law would bring enhanced transparency and accessibility to the custody jurisdiction process, by specifying notice requirements for hearings and enforcement actions, and allowing parties in child custody proceedings to participate by telephone, audiovisual, or other electronic means.
S.2754 is sponsored by Majority Leader Cynthia Stone Creem and was reported favorably from the Senate Committee on Ways and Means. The vote of the committee is public and available on the committee’s website.
The Senate's Thursday session will begin at 11:00 a.m. EDT, and be streamed live at https://malegislature.gov/Events/Sessions/Detail/5010.
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