senate Bill S8549

2019-2020 Legislative Session

Relates to establishing procedure guidelines for custody agreements involving child abuse, family violence and/or domestic violence

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2020 referred to rules

Co-Sponsors

S8549 (ACTIVE) - Details

See Assembly Version of this Bill:
A10668
Current Committee:
Senate Rules
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L
Versions Introduced in 2021-2022 Legislative Session:
S1584, A3314

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

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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