S T A T E O F N E W Y O R K
________________________________________________________________________
6085
2021-2022 Regular Sessions
I N A S S E M B L Y
March 10, 2021
___________
Introduced by M. of A. TAGUE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the domestic relations law, in relation to procedures
for certain temporary custody orders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 240 of the domestic relations law
is amended by adding a new paragraph (a-3) to read as follows:
(A-3) PARENTING TIME; PRESUMPTIONS AND PROCEDURES FOR TEMPORARY CUSTO-
DY ORDERS. (1) A PARTY TO A CUSTODY PROCEEDING MAY MOVE FOR A TEMPORARY
CUSTODY ORDER. THE MOTION MUST BE SUPPORTED BY A PETITION. THE COURT MAY
AWARD TEMPORARY CUSTODY PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH
AFTER A HEARING, OR, IF THERE IS NO OBJECTION, SOLELY ON THE BASIS OF
THE PETITIONS. IF THE PARENTS PRESENT A TEMPORARY CUSTODY AGREEMENT AND
MUTUALLY AGREED PLAN FOR PARENTING TIME, AND THE COURT CONFIRMS THAT THE
AGREEMENT ADEQUATELY PROVIDES FOR THE WELFARE OF THE CHILD, SUCH AGREE-
MENT SHALL BECOME THE TEMPORARY CUSTODY ORDER OF THE COURT.
(2) IN MAKING AN ORDER FOR TEMPORARY CUSTODY, THERE SHALL BE A FIFTY-
FIFTY REBUTTABLE PRESUMPTION THAT THE PARENTS SHALL HAVE TEMPORARY JOINT
LEGAL AND SHARED PHYSICAL CUSTODY AND SHALL SHARE EQUAL PARENTING TIME.
IF AN ALLEGATION OF FAMILY VIOLENCE IS ENTERED PRIOR TO THE TEMPORARY
CUSTODY ORDER, THE FAMILY VIOLENCE HEARING SHALL TAKE PLACE WITHIN THIR-
TY DAYS TO DETERMINE FOR A QUICK AND EXPEDIENT RESOLUTION NOT TO IMPAIR
THE PARENT-CHILD RELATIONSHIP. AS USED IN THIS PARAGRAPH, THE TERM
"PARENTING TIME" SHALL MEAN THE PERIOD OF TIME THAT A PARENT MAY SPEND
WITH HIS OR HER CHILD PURSUANT TO A COURT ORDER UNDER THIS CHAPTER, THE
FAMILY COURT ACT OR AN ORDER ENFORCED UNDER ARTICLE FIVE-A OF THIS CHAP-
TER.
(3) IF A DEVIATION FROM EQUAL PARENTING TIME IS WARRANTED, THE TEMPO-
RARY CUSTODY ORDER SHALL INCLUDE A STATEMENT OF THE COURT'S REASONS FOR
SUCH A DETERMINATION, EXCEPT WHEN THE COURT CONFIRMS THE AGREEMENT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09402-01-1
A. 6085 2
THE PARTIES. THE PARENTS, THROUGH MUTUAL AND AGREED UPON CONSIDERATIONS,
SHALL CONSTRUCT A PARENTING TIME SCHEDULE WHICH MAXIMIZES THE TIME EACH
PARENT HAS WITH THE CHILD AND IS CONSISTENT WITH ENSURING THE CHILD'S
WELFARE. IN THE EVENT THAT THE PARENTS CANNOT AGREE ON A PARENTING SCHE-
DULE DEVIATING FROM EQUAL PARENTING TIME, THE COURT SHALL CONSTRUCT A
PARENTING TIME SCHEDULE WHICH MAXIMIZES THE TIME EACH PARENT HAS WITH
THE CHILD AND IS CONSISTENT WITH ENSURING SUCH CHILD'S WELFARE.
(4) ANY TEMPORARY CUSTODY ORDER SHALL ADDRESS THE CIRCUMSTANCE IN
WHICH THE CHILD WILL TRANSFER FROM ONE PARENT TO THE OTHER.
(5) IF A PROCEEDING TO ANNUL A MARRIAGE, TO DECLARE THE NULLITY OF A
VOID MARRIAGE, FOR A SEPARATION OR FOR A DIVORCE IS DISMISSED, ANY
TEMPORARY CUSTODY ORDER SHALL BE VACATED UNLESS A PARENT MOVES THAT THE
PROCEEDING CONTINUE AS A CUSTODY PROCEEDING AND THE COURT FINDS, AFTER A
HEARING, THAT THE CIRCUMSTANCES OF THE PARENTS AND THE BEST INTERESTS OF
THE CHILD REQUIRE THAT A CUSTODY DECREE BE ISSUED.
(6) IF A CUSTODY PROCEEDING COMMENCED IN THE ABSENCE OF A PROCEEDING
TO ANNUL A MARRIAGE, TO DECLARE THE NULLITY OF A VOID MARRIAGE, FOR A
SEPARATION OR FOR A DIVORCE IS DISMISSED, ANY TEMPORARY CUSTODY ORDER
SHALL BE VACATED.
(7) IF A COURT DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT A
PERSON IS A PERSON WHO IS ACTING AS A PARENT, THE COURT SHALL JOIN SUCH
PERSON IN ANY ACTION PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH AS A
PARTY NEEDED FOR JUST ADJUDICATION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.