Assembly Bill A4868

2013-2014 Legislative Session

Prohibits the court from granting custody of or unsupervised visitation with a child to a person who has been convicted of or charged with raping the parent of the child

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2013-A4868 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; add §553, amd §651, Fam Ct Act
Versions Introduced in 2015-2016 Legislative Session:
A310

2013-A4868 (ACTIVE) - Summary

Prohibits the court from granting custody of or unsupervised visitation with a child to a person who has been convicted or accused or raping the parent of the child.

2013-A4868 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4868

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2013
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Judiciary

AN  ACT to amend the domestic relations law and the family court act, in
  relation to prohibiting the court from granting custody of or unsuper-
  vised visitation with a child to a person who has been convicted of or
  charged with raping the parent of the child

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of section 240 of the domes-
tic  relations  law,  as  amended by chapter 476 of the laws of 2009, is
amended to read as follows:
  (a) In any action or proceeding brought (1) to annul a marriage or  to
declare  the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by  peti-
tion and order to show cause, the custody of or right to visitation with
any  child  of  a  marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
and support, including any prior orders,  and  shall  enter  orders  for
custody  and  support  as,  in the court's discretion, justice requires,
having regard to the circumstances of the case  and  of  the  respective
parties  and  to  the  best  interests  of  the child and subject to the
provisions of subdivision one-c of this section. Where either  party  to
an  action  concerning  custody of or a right to visitation with a child
alleges in a sworn petition or complaint or  sworn  answer,  cross-peti-
tion,  counterclaim  or  other  sworn responsive pleading that the other
party has committed an act of domestic violence against the party making
the allegation or a family or household member of either party, as  such
family  or  household  member  is defined in article eight of the family
court act, and such allegations are proven by  a  preponderance  of  the
evidence,  the  court must consider the effect of such domestic violence
upon the best interests of the child, together with such other facts and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05624-02-3
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.