Assembly Actions -
Senate Actions - UPPERCASE
|Jan 05, 2022
referred to children and families
|Jan 21, 2021
referred to children and families
Senate Bill S2576
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S2576 (ACTIVE) - Details
- See Assembly Version of this Bill:
- 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:
2021-S2576 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2576 SPONSOR: HELMING TITLE OF BILL: 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 PURPOSE: To create a statutory presumption of joint custody for all minor chil- dren whose parents are no longer together, so that both parents can continue to share in the responsibilities and duties of the children's upbringing. SUMMARY OF PROVISIONS: Section 1: Sets forth the legislative intent for creating a presumption of joint custody in proceedings where the custody of minor children is at issue. It further states that continuing contact with both parents
2021-S2576 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2576 2021-2022 Regular Sessions I N S E N A T E January 21, 2021 ___________ Introduced by Sen. HELMING -- 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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 follows: (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 ABSENCE OF AN ALLEGATION THAT SUCH SHARED PARENTING WOULD BE DETRIMENTAL 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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