S 1265
An Act relative to determining the best interest of children in probate and family court
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- Passed Senate
- Passed House
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Bill overview
This bill aims to strengthen how Massachusetts courts consider a child’s best interests when making decisions in probate and family court cases. It seeks to ensure that children’s voices and needs are more thoroughly evaluated and incorporated into legal proceedings. The legislation intends to improve the process of determining what is truly in a child’s best interest, particularly in sensitive situations like custody disputes and guardianship matters. It builds upon existing efforts to prioritize children’s well-being within the legal system.
Key provisions
- Requires courts to conduct a more comprehensive assessment of a child’s needs and wishes.
- Establishes guidelines for considering a child’s perspective when making decisions.
- Promotes the use of child-centered evaluations and expert testimony.
- Enhances the role of guardians ad litem in representing a child’s interests.
- Requires courts to document how a child’s best interests were determined.
- Addresses the specific needs of children in cases involving domestic violence or abuse.
- Supports the use of trauma-informed practices in court proceedings.
- Encourages collaboration between legal professionals and child welfare experts.
Who is affected
- Children involved in probate and family court cases
- Parents involved in probate and family court cases
- Guardians ad litem
- Judges and court staff
- Attorneys representing parties in probate and family court cases
Notable changes
Sponsors
Official sponsors from legislative records.
Primary sponsor
Bruce E. Tarr
Cosponsors
Bruce E. Tarr
Jason M. Lewis
Peter J. Durant
Arguments in favor
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Bill S.1265 194th (Current)
An Act relative to determining the best interest of children in probate and family court
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1265) of Bruce E. Tarr and Jason M. Lewis for legislation relative to determining the best interest of children in probate and family court. The Judiciary.
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Bill Information
Bill Information
Presenter: Bruce E. Tarr
Tabs
Bill History Petitioners Primary Sponsor Summary
Bill History
Displaying 5 actions for Bill S.1265
| Date | Branch | Action |
| 2/27/2025 | Senate | Referred to the committee on The Judiciary |
| 2/27/2025 | House | House concurred |
| 4/18/2025 | Joint | Hearing scheduled for 04/22/2025 from 01:00 PM-05:00 PM in A-2 |
| 10/14/2025 | Joint | Hearing scheduled for 04/22/2025 from 01:00 PM-05:00 PM in A-2 |
| 12/18/2025 | Senate | Accompanied a study order (under JR10), see S2886 |
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