Senate Assistant Majority Leader Joan B. Lovely (D-Salem) announces that the Massachusetts Senate has 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 streamline custody jurisdiction laws and bring Massachusetts into conformity with other states. This would create a more efficient process for families facing custody challenges while prioritizing the safety and well-being of children.
The new law would establish clear rules for multi-state custody cases, prioritizing the child’s home state and ensuring that Massachusetts courts can collaborate effectively with courts in other states and countries on international child custody orders. Once Massachusetts courts have exercised jurisdiction, they would maintain it over potential changes in the judgment or order, as long as a parent or the child remains in the state. This would prevent forum shopping and competing lawsuits in multiple jurisdictions.
“I’m pleased the Senate has taken this important step in modernizing child custody laws here in the Commonwealth to bring Massachusetts law in line with the rest of the nation,” Lovely said. “With this legislation, we are providing families with greater clarity and stability, ensuring the best interests of children remain at the forefront of custody decisions.”
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was 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 also enhance transparency and accessibility in custody jurisdiction processes by specifying notice requirements for hearings and enforcement actions, and by allowing parties in child custody proceedings to participate via telephone, audiovisual, or other electronic means.
S.2754 was sponsored by Majority Leader Cynthia Stone Creem and was reported favorably by the Senate Committee on Ways and Means. The committee vote is public and available on the Legislature’s website.
The Senate has passed a version of this legislation twice before, in 2016 and 2018.
Having passed the Senate, the bill will now be sent to the House of Representatives for consideration.
