NY State Senate Bill 2021-S8186

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2022	referred to children and families

2021-S8186 (ACTIVE) - Details

See Assembly Version of this Bill:: A6085
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §240, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A9819
2023-2024: S4797, A4977

2021-S8186 (ACTIVE) - Summary

Establishes procedures for temporary custody orders that include a fifty-fifty rebuttable presumption that the parents shall have temporary joint legal and shared physical custody and shall share equal parenting time.

2021-S8186 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8186

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the domestic relations law, in relation to procedures
for certain temporary custody orders

 
PURPOSE:

This bill would provide for temporary custody orders permitting joint
custody, with 50/50 equal parenting time, as a starting point when fami-
lies separate.

 
SUMMARY OF PROVISIONS:

Section one of this legislation amends subdivision 1 of section 240 of
the domestic relations law by adding a new paragraph to establish tempo-
rary custody orders during family separation proceedings. It provides
that in the making of an order for temporary custody, there is a rebutt-
able presumption that parents have temporary joint legal and
shared,fifty-fifty, physical custody, maintaining equal parenting time.

This section contains additional explanations necessary for the imple-
mentation of this act.

Section two provides the effective date.

 
JUSTIFICATION:

There are few things more traumatic to a child than the separation of
their parents, no matter how amicable the event may be. It is at this
time that everyone involved should do all they can to keep that child's
life as intact as possible and not relegate one parent to the role of a
visitor. If the parents can no longer live together, the next best thing
is for the child to have equal time with each parent during this crucial
moment, when a child needs all the love, reassurance, and stability
possible.

As it stands now, custody/visitation cases can be continued for weeks or
even months and the child, under current custom, is oftentimes denied
the best of both parents while a judgement is determined. By setting a
rebuttable presumption of 50/50 shared parenting for temporary orders
(with room for exception if one parent is demonstrably unfit), it shifts
the starting point of any discussions to the child's best interest.

Barring exceptional circumstances, a child's right to both parents
should not be allowed to be used as leverage as they work out their
personal differences. Additionally, the child's love and need for both
parents did not diminish when the two adults decided to separate.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None to the State.

 
LOCAL FISCAL IMPLICATIONS:
None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2021-S8186 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8186
 
                             I N  S E N A T E
 
                             February 1, 2022
                                ___________
 
 Introduced by Sen. OBERACKER -- 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, 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09402-01-1
 S. 8186                             2

 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S8186

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2021-S8186 (ACTIVE) - Details

2021-S8186 (ACTIVE) - Summary

2021-S8186 (ACTIVE) - Sponsor Memo

2021-S8186 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8186

Share this bill

Sponsored By

Peter Oberacker

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2021-S8186 (ACTIVE) - Details

2021-S8186 (ACTIVE) - Summary

2021-S8186 (ACTIVE) - Sponsor Memo

2021-S8186 (ACTIVE) - Bill Text download pdf

Comments