senate Bill S2382

2015-2016 Legislative Session

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

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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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to children and families
Jan 22, 2015 referred to children and families


S2382 (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
2013-2014: S5316
2017-2018: S2577
2019-2020: S2916
2021-2022: S2576

S2382 (ACTIVE) - Summary

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

S2382 (ACTIVE) - Sponsor Memo

S2382 (ACTIVE) - Bill Text download pdf

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


                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015

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


  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
  (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
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.


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