|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 12, 2020||referred to rules|
senate Bill S8549
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8549 (ACTIVE) - Details
S8549 (ACTIVE) - Summary
Relates to establishing procedure guidelines for custody agreements including those involving child abuse, family violence and/or domestic violence; provides guidelines regarding the best interests of the child standard and the awarding of supervised or unsupervised visitation for offending parents.
S8549 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8549 SPONSOR: SANDERS TITLE OF BILL: An act to amend the domestic relations law, in relation to establishing procedure guidelines for custody agreements involving child abuse, fami- ly violence and/or domestic violence PURPOSE OR GENERAL IDEA OF BILL: This Bill provides guidelines for family courts to follow when consider- ing custody and/or visitation of a child where there is an allegation of child abuse, family violence and/or domestic violence. SUMMARY OF PROVISIONS: Under current law, family courts use the "best interest of the child" standard when determining an award of custody and/or visitation for a child. This bill amends Domestic Relation Law § 240 to supplement the "best interest of the child" standard by enumerating factors courts need
S8549 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8549 I N S E N A T E June 12, 2020 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the domestic relations law, in relation to establishing procedure guidelines for custody agreements involving child abuse, family violence and/or domestic violence 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 567 of the laws of 2015, is amended to read as follows: (a) (1) 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 petition and order to show cause, the custody of or right to visi- tation with any child of a marriage, the court shall require verifica- tion 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 CHILD ABUSE AGAINST THE CHILD, OR COMMIT- TED AN ACT OF FAMILY VIOLENCE OR 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 circumstances as the court deems relevant in making a direc- tion pursuant to this section and state on the record how such findings, facts and circumstances factored into the direction] THE COURT MUST EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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