S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4977
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 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-4) to read as follows:
   (A-4) 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 OR A PERSON ACTING AS A PARENT, AS DEFINED
 IN  SECTION  SEVENTY-FIVE-A OF THIS CHAPTER, 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 AGREEMENT SHALL BECOME THE TEMPORARY CUSTODY  ORDER  OF  THE
 COURT.
   (2)  IN  MAKING  AN  ORDER  FOR  TEMPORARY  CUSTODY,  THERE SHALL BE A
 PRESUMPTION, REBUTTABLE BY  CLEAR  AND  CONVINCING  EVIDENCE,  THAT  THE
 PARENTS  OR A PERSON ACTING AS A PARENT SHALL HAVE TEMPORARY JOINT LEGAL
 AND SHARED PHYSICAL CUSTODY AND SHALL SHARE  EQUAL  PARENTING  TIME.  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 CHAPTER.
   (3) IF A DEVIATION FROM EQUAL PARENTING TIME IS WARRANTED, THE PARENTS
 OR PERSON ACTING AS A PARENT, THROUGH MUTUAL AND AGREED  UPON  CONSIDER-
 ATIONS  OR  MEDIATION,  SHALL  CONSTRUCT A PARENTING TIME SCHEDULE WHICH
 MAXIMIZES THE TIME EACH PARENT OR PERSON ACTING AS A PARENT HAS WITH THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03618-02-3
              

 A. 4977                             2
 
 CHILD AND IS CONSISTENT WITH ENSURING THE CHILD'S WELFARE. IN THE  EVENT
 THAT  THE PARENTS OR PERSON ACTING AS A PARENT CANNOT AGREE ON A PARENT-
 ING SCHEDULE DEVIATING  FROM  EQUAL  PARENTING  TIME,  THE  COURT  SHALL
 CONSTRUCT A PARENTING TIME SCHEDULE WHICH MAXIMIZES THE TIME EACH PARENT
 OR  PERSON  ACTING AS A PARENT HAS WITH THE CHILD AND IS CONSISTENT WITH
 ENSURING SUCH CHILD'S WELFARE.
   (4) EACH TEMPORARY CUSTODY ORDER SHALL INCLUDE  SPECIFIC  FINDINGS  OF
 FACT  AND  CONCLUSIONS OF LAW, EXCEPT WHEN THE COURT CONFIRMS THE AGREE-
 MENT OF THE PARTIES.
   (5) ANY TEMPORARY CUSTODY ORDER  SHALL  ADDRESS  THE  CIRCUMSTANCE  IN
 WHICH  THE  CHILD  WILL  TRANSFER  FROM ONE PARENT OR PERSON ACTING AS A
 PARENT TO THE OTHER.
   (6) MODIFICATION OF A TEMPORARY CUSTODY ORDER MAY BE SOUGHT WHEN THERE
 IS A MATERIAL AND SUBSTANTIAL CHANGE IN THE CIRCUMSTANCE OF THE PARENTS,
 PERSON ACTING AS A PARENT, OR CHILD.
   (7) 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  OR  PERSON
 ACTING  AS  A  PARENT  MOVES  THAT  THE PROCEEDING CONTINUE AS A CUSTODY
 PROCEEDING AND THE COURT FINDS, AFTER A HEARING, THAT THE  CIRCUMSTANCES
 OF  THE  PARENTS  OR PERSON ACTING AS A PARENT AND THE BEST INTERESTS OF
 THE CHILD REQUIRE THAT A CUSTODY DECREE BE ISSUED.
   (8) 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.
   (9)  IF  A  COURT  DETERMINES  BY CLEAR AND CONVINCING 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.