senate Bill S8186

2021-2022 Legislative Session

Relates to procedures for certain temporary custody orders

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee


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

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Actions

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

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 2019-2020 Legislative Session:
A9819

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.

S8186 (ACTIVE) - Sponsor Memo

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.

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