senate Bill S4260

2019-2020 Legislative Session

Establishes the presumption in matrimonial proceedings of awarding shared parenting of minor children

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to children and families
Mar 05, 2019 referred to children and families

S4260 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70 & 240, add §240-d, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6968
2011-2012: S4281
2013-2014: S949
2015-2016: S2375
2017-2018: S2267
2021-2022: S4667
2023-2024: S5282

S4260 (ACTIVE) - Summary

Establishes the presumption in matrimonial proceedings for awarding shared parenting of minor children in the absence of an allegation that shared parenting would be detrimental to the best interests of the child; establishes an order of preference in awarding custody; defines shared parenting and parenting plan.

S4260 (ACTIVE) - Sponsor Memo

S4260 (ACTIVE) - Bill Text download pdf

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


                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 5, 2019

Introduced  by  Sen.  PARKER -- 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, in relation to  establishing
  a  presumption  of  shared  parenting of minor children in matrimonial


  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.
  §  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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