senate Bill S5316

2013-2014 Legislative Session

Establishes a presumption of shared parenting of minor children in matrimonial and family court proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
May 16, 2013 referred to children and families

S5316 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70 & 240, add §240-d, Dom Rel L; add §§654 & 654-a, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2011-2012: S5206
2015-2016: S2382
2017-2018: S2577
2019-2020: S2916

S5316 (ACTIVE) - Summary

Establishes a presumption of shared parenting of minor children in matrimonial and family court proceedings.

S5316 (ACTIVE) - Sponsor Memo

S5316 (ACTIVE) - Bill Text download pdf

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

                                  5316

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the domestic relations law and the family court act,  in
  relation  to  establishing  a presumption of shared parenting of minor
  children in matrimonial and family court proceedings

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

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that it is the public policy of the state to assure minor chil-
dren have frequent and continuing contact with both  parents  after  the
parents have separated or dissolved their marriage and that it is in the
public  interest  to encourage parents to share the rights and responsi-
bilities of child-rearing in order to effectuate  this  policy.  At  the
outset  and  thereafter,  in  any proceeding where there is at issue the
custody of a minor child, the court may,  during  the  pendency  of  the
proceeding or at any time thereafter, make such order for the custody of
minor  children  as may seem necessary or proper. The provisions of this
act establish a presumption, affecting the burden of proof, that  shared
parenting is in the best interests of minor children.
  S  2.  Subdivision (a) of section 70 of the domestic relations law, as
amended by chapter 457 of the laws  of  1988,  is  amended  to  read  as
follows:
  (a)   Where a minor child is residing within this state, either parent
may apply to the supreme court for a writ of habeas corpus to have  such
minor  child  brought  before such court; and on the return thereof, the
court, on due consideration, [may] SHALL award the natural guardianship,
charge and custody of such child to [either parent] BOTH PARENTS, IN THE
ABSENCE OF AN ALLEGATION THAT SUCH SHARED PARENTING WOULD BE DETRIMENTAL
TO SUCH CHILD, for such time, under such regulations  and  restrictions,
and  with  such  provisions and directions, as the case may require, and
may at any time thereafter vacate or modify such order.  [In  all  cases

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01645-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.