Press Release: 7/18/2025

Senate Acts to Reform Child Custody Law to Conform with National Standards

 



July 17, 2025

 



New law supports safety and well-being of children, brings national uniformity to child custody cases



(BOSTON—7/17/2025) Today the Massachusetts Senate unanimously passed legislation to modernize laws that protect children and families going through child custody proceedings.



The legislation, S.2550, would ensure Massachusetts courts follow the same procedures as the other 49 states in the country, bring laws up to date with international best practices, and simplify the process for families going through multi-state custody cases.



More specifically, this legislation creates clear rules for multi-state custody cases and prioritizes the home state of the child when determining custody jurisdiction, thereby preventing forum shopping by a parent seeking a more-favorable outcome in another state. It also updates the law to streamline case registration and enforce out-of-state determinations, enhances protections for children and families who are going through custody proceedings in Massachusetts, and boosts flexibility for families through the creation of hearing notice requirements and by allowing remote participation in proceedings.



“Today’s legislation aims to simplify a process that is already difficult for children and families,” said Senate President Karen E. Spilka (D-Ashland). “Bringing Massachusetts in line with other states will provide families clarity and, we hope, decrease the stress of what is already a stressful situation. I’m grateful to Majority Leader Creem for her continued advocacy for this legislation, and to Chair Rodrigues and Chair Edwards for their support.”



“I’m proud that the Senate has once again taken decisive action to advance S.2550, which would finally bring Massachusetts in line with the rest of the country by passing the Uniform Child Custody Jurisdiction and Enforcement Act,” said Senate Majority Leader Cindy Creem (D-Newton). “This legislation reflects years of collaboration and calls from advocates to adopt this code and better protect the rights of parents during this already difficult time. I’m grateful to my colleagues for supporting a measure that brings clarity and fairness to our custody laws and helps ensure that families navigating these disputes are not further burdened.”



“This bill streamlines the child custody process and puts the Commonwealth in line with other states that already have adopted uniform laws regarding child custody. These cases are stressful enough for children and families, so anything we can do to make the process involving out-of-state custody cases smoother is beneficial for all parties,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “This legislation also prioritizes the home state of the child, enhances protections for these children, and allows remote participation, a crucial component in multi-state proceeding where distance is a factor. This bill is the result of persistent advocacy by Majority Leader Creem and Chair Edwards, and all children and families involved will feel the impact of this legislation.”



“Today’s unanimous vote sends a strong message: Massachusetts is committed to protecting children and families with clear and consistent custody laws,” said Senator Lydia Edwards (D-East Boston), Senate Chair of the Joint Committee on the Judiciary. “By aligning our procedures with every other state and international best practices, this legislation will reduce confusion, enhance protections, and bring much-needed clarity. These updates are about making the process more efficient, and ultimately more focused on the best interests of the child. I want to thank Senator Creem for her continued leadership on this legislation and Senate President Spilka and Chair Rodrigues for their support.”



The standard for child custody jurisdiction 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 legislation was reported out of the Joint Committee on the Judiciary on June 12, 2025, and from the Senate Committee on Ways and Means on July 10, 2025. Votes of both committees are available online, along with a full summary of the legislation and a recording of the Senate’s livestreamed debate and vote on the bill. 



Having passed the Senate, the bill now heads to the House of Representatives for consideration.





Statements of support



“We’re pleased that the bill passed by the Senate aligns Massachusetts with all other states in the jurisdictional handling of child support and remedies many of the conflicts that have made it more difficult for parents who remain in Massachusetts after divorce,” said Massachusetts Bar Association Chief Legal Counsel Martin W. Healy. “We’re grateful to Senate President Spilka and Majority Leader Creem for championing this bill.”



“Every day, our members who practice family law witness the real and lasting harm caused by the Commonwealth being the only state that has not joined the UCCJEA," said Boston Bar Association President Matthew V.P. McTygue. "This bill is about protecting children, stabilizing families, and ensuring that survivors of domestic violence are not forced to relitigate custody across state lines. Without this law, a custody order from a Massachusetts judge can be cast aside after a parent moves to a new state. That’s unacceptable, and this legislation will finally fix it.”



“This version of the UCCJEA contains the provisions that the Women’s Bar Association has supported so as best protect low-income litigants and survivors of domestic violence,” said Jamie Ann Sabino, a member of the Women’s Bar Association Legislative Policy Committee. “As long as Massachusetts remains the only state not to adopt the UCCJEA, there continues to be a burden on both low-income litigants and survivors of domestic abuse as they try to navigate very difficult and complex jurisdiction issues. Passing the UCCJEA with the language below will result in better outcomes for all and at no cost to the state.”