This section contains the nature of the case and procedural background.

There was pending bill, Senate No. 2021, entitled, 'An Act relative to the consideration of domestic violence in custody and visitation proceedings.' A copy of the bill was transmitted with the order. The order recites: '[Senate No. 2021] would establish a presumption against awarding custody of a child to a parent under some circumstances; and . . . would further require that, upon reaching a finding by a preponderance of the evidence [that a parent has engaged in a pattern or serious incident of abuse], the burden of proof shifts to the challenged parent to prove that it is in the best interest of a child to be placed with such parent.' The legislature asked for an advisory opinion about the constitutionality of the bill.

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