Assembly Bill A4977

2023-2024 Legislative Session

Relates to procedures for certain temporary custody orders

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

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2023-A4977 (ACTIVE) - Details

See Senate Version of this Bill:
S4797
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9819
2021-2022: A6085, S8186

2023-A4977 (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.

2023-A4977 (ACTIVE) - Bill Text download pdf

                             
                     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
              

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