Senate Bill S5282

2023-2024 Legislative Session

Establishes the presumption in matrimonial proceedings of awarding shared parenting of minor children

download bill text pdf

Sponsored By

Current 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

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2023-S5282 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70 & 240, add §240-e, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6968
2011-2012: S4281
2013-2014: S949
2015-2016: S2375
2017-2018: S2267
2019-2020: S4260
2021-2022: S4667

2023-S5282 (ACTIVE) - Summary

Establishes the presumption in matrimonial proceedings for awarding shared parenting of minor children in the absence of an allegation that shared parenting would be detrimental to the best interests of the child; establishes an order of preference in awarding custody; defines shared parenting and parenting plan.

2023-S5282 (ACTIVE) - Sponsor Memo

2023-S5282 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5282
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  establishing
   a  presumption  of  shared  parenting of minor children in matrimonial
   proceedings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The  legislature hereby finds and
 declares that it is the public policy of the state to assure minor chil-
 dren have frequent and continuing contact with both  parents  after  the
 parents have separated or dissolved their marriage and that it is in the
 public  interest  to encourage parents to share the rights and responsi-
 bilities of child-rearing in order to effectuate  this  policy.  At  the
 outset  and  thereafter,  in  any proceeding where there is at issue the
 custody of a minor child, the court may,  during  the  pendency  of  the
 proceeding or at any time thereafter, make such order for the custody of
 minor  children  as may seem necessary or proper. The provisions of this
 act establish a presumption, affecting the burden of proof, that  shared
 parenting is in the best interests of minor children.
   §  2.  Subdivision (a) of section 70 of the domestic relations law, as
 amended by chapter 457 of the laws  of  1988,  is  amended  to  read  as
 follows:
   (a)   Where a minor child is residing within this state, either parent
 may apply to the supreme court for a writ of habeas corpus to have  such
 minor  child  brought  before such court; and on the return thereof, the
 court, on due consideration, [may] SHALL award the natural guardianship,
 charge and custody of such child to [either parent] BOTH PARENTS, IN THE
 ABSENCE OF AN ALLEGATION THAT SUCH SHARED PARENTING WOULD BE DETRIMENTAL
 TO SUCH CHILD, for such time, under such regulations  and  restrictions,
 and  with  such  provisions and directions, as the case may require, and
 may at any time thereafter vacate or modify such order.  [In  all  cases

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07264-01-3
              

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