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.