Senate Votes to Modernize Child Custody Jurisdiction Laws
(BOSTON—10/7/2024) Today, the Massachusetts Senate passed 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 custody jurisdiction laws and bring Massachusetts into conformity with other states around the country. By so doing, the Commonwealth would be creating a more streamlined process for families going through challenging times while 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 and ensuring Massachusetts courts can work effectively with courts in other states nationally and in other countries for international child custody orders. Going forward, once Massachusetts courts have exercised jurisdiction over custody, those courts would maintain jurisdiction over potential changes in the judgment or order, so long as a parent or the child remain in state. This will prevent forum shopping and competing lawsuits in multiple jurisdictions.
“Passing this bill will help to simplify the process for families during one of the hardest points in their lives, making the path forward easier and ensuring that children aren’t harmed in the process,” commented Senator Adam Gomez (D-Springfield), a former Chair of the Joint Committee on Children, Families, and Persons with Disabilities. “By listening to those deeply involved in the process we’ve passed a bill here that will make things less complicated for families, and I look forward to seeing it move further in the legislature.”
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 ease-of-access 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 was 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 is available on the Legislature’s website.
The Senate has twice previously passed a version of this legislation, in 2016 and in 2018. Having been passed by the Senate, the legislation will now be sent to the House of Representatives for consideration.