110 CMR, § 7.507 - Placement with Parent(s)
(1) No placement
under the Interstate Compact occurs nor do the provisions of M.G.L. c. 119,
§ 36 apply when a court in one state, in connection with the granting of a
divorce, awards any form of custody to a parent residing in another
state.
(2) If a court enters an
order which alters custodial rights which had been previously adjudicated in a
divorce, separation or other legal proceeding, and such order places a child
with a previously non-custodial parent in a state other than the one in which
the child currently resides, there is a placement within the meaning of the
Compact.
(3) No placement under the
Interstate Compact occurs nor do the provisions of M.G.L. c. 119, § 36
apply when divorced parents agree to a placement of their child with a relative
listed in
110
CMR 7.503(3), or when one
divorced parent places his/her child with the other non-custodial divorced
parent across state lines.
(4)
Whenever a state agency has custody of a child or care of a child pursuant to a
voluntary placement agreement, and such agency places a child with his/her
parent(s) in another state, this constitutes a placement under the Interstate
Compact.
(5) Whenever a court in a
divorce proceeding awards custody of a child to any third party including a
relative listed in
110
CMR 7.503(3) against the
wishes of the parents, this constitutes a placement under the Interstate
Compact.
Notes
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