S T A T E   O F   N E W   Y O R K
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                                   8403
 
                             I N  S E N A T E
 
                             January 26, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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  evidence  to
   be considered in the case of child custody matters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may  be  cited  as  "Beatrice's
 Law".
   §  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 award the natural guardianship,  charge
 and  custody  of  such  child to either parent 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  there shall be no prima facie right to the
 custody of the child in either parent, but  the  court  shall  determine
 solely  what  is  for the best interest of the child, and what will best
 promote its welfare and happiness, and make award accordingly. IN MAKING
 A DETERMINATION OF THE BEST INTEREST  OF  THE  CHILD  PURSUANT  TO  THIS
 SUBDIVISION,  THE COURT SHALL CONSIDER EVIDENCE THAT A CHILD IS ENROLLED
 IN, OR EITHER PARENT INTENDS TO ENROLL THE CHILD IN, A NONPUBLIC ELEMEN-
 TARY OR SECONDARY SCHOOL THAT IS NONCOMPLIANT WITH THE ACADEMIC REQUIRE-
 MENTS SET FORTH IN PARAGRAPH (II) OF SUBDIVISION TWO OF SECTION  THIRTY-
 TWO   HUNDRED   FOUR   OF  THE  EDUCATION  LAW,  AND  NOTWITHSTANDING  A
 DETERMINATION PURSUANT TO PARAGRAPH (V) OF SUBDIVISION  TWO  OF  SECTION
 THIRTY-TWO  HUNDRED  FOUR  OF THE EDUCATION LAW.  A FINDING BY THE COURT
 THAT THE CHILD IS ENROLLED IN, OR EITHER PARENT INTENDS  TO  ENROLL  THE
 CHILD  IN,  A NONCOMPLIANT NONPUBLIC SCHOOL AS PROVIDED IN THIS SUBDIVI-
 SION SHALL CREATE A NON-REBUTTABLE PRESUMPTION THAT IT IS  IN  THE  BEST
 INTEREST  OF  THE  CHILD FOR EDUCATIONAL DECISION MAKING AUTHORITY TO BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14156-01-4
 S. 8403                             2
 
 AWARDED TO THE PARENT WHO WILL AFFECT ENROLLMENT OR INTENDED  ENROLLMENT
 TO  A  SCHOOL THAT IS COMPLIANT WITH THE ACADEMIC REQUIREMENTS SET FORTH
 IN PARAGRAPH (II)  OF SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED FOUR
 OF  THE  EDUCATION  LAW. THE COURT SHALL ISSUE ITS ORDER AWARDING EDUCA-
 TIONAL DECISION MAKING AUTHORITY WITHIN  THIRTY  DAYS  OF  EVIDENCE,  AS
 PROVIDED FOR IN THIS SUBDIVISION, BEING PRESENTED TO THE COURT.
   §  3.  Paragraph  (a)  of subdivision 1 of section 240 of the domestic
 relations law, as amended by chapter 567 of the laws of 2015, is amended
 to read as follows:
   (a) In any action or proceeding brought (1) to annul a marriage or  to
 declare  the nullity of a void marriage, or (2) for a separation, or (3)
 for a divorce, or (4) to obtain, by a writ of habeas corpus or by  peti-
 tion and order to show cause, the custody of or right to visitation with
 any  child  of  a  marriage, the court shall require verification of the
 status of any child of the marriage with respect to such child's custody
 and support, including any prior orders,  and  shall  enter  orders  for
 custody  and  support  as,  in the court's discretion, justice requires,
 having regard to the circumstances of the case  and  of  the  respective
 parties  and  to  the  best  interests  of  the child and subject to the
 provisions of subdivision one-c of this section. IN  MAKING  A  DETERMI-
 NATION OF THE BEST INTEREST OF THE CHILD PURSUANT TO THIS PARAGRAPH, THE
 COURT  SHALL  CONSIDER  EVIDENCE  THAT A CHILD IS ENROLLED IN, OR EITHER
 PARENT INTENDS TO ENROLL THE CHILD IN, A NONPUBLIC ELEMENTARY OR SECOND-
 ARY SCHOOL THAT IS NONCOMPLIANT WITH THE ACADEMIC REQUIREMENTS SET FORTH
 IN PARAGRAPH (II) OF SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED  FOUR
 OF  THE  EDUCATION  LAW, AND NOTWITHSTANDING A DETERMINATION PURSUANT TO
 PARAGRAPH (V) OF SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED  FOUR  OF
 THE  EDUCATION  LAW.   A FINDING BY THE COURT THAT THE CHILD IS ENROLLED
 IN, OR EITHER PARENT INTENDS TO ENROLL  THE  CHILD  IN,  A  NONCOMPLIANT
 NONPUBLIC  SCHOOL  AS  PROVIDED IN THIS PARAGRAPH SHALL CREATE A NON-RE-
 BUTTABLE PRESUMPTION THAT IT IS IN THE BEST INTEREST OF  THE  CHILD  FOR
 EDUCATIONAL  DECISION  MAKING  AUTHORITY TO BE AWARDED TO THE PARENT WHO
 WILL AFFECT ENROLLMENT OR  INTENDED  ENROLLMENT  TO  A  SCHOOL  THAT  IS
 COMPLIANT WITH THE ACADEMIC REQUIREMENTS SET FORTH IN PARAGRAPH (II)  OF
 SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED FOUR OF THE EDUCATION LAW.
 THE  COURT  SHALL  ISSUE  ITS ORDER AWARDING EDUCATIONAL DECISION MAKING
 AUTHORITY WITHIN THIRTY DAYS OF EVIDENCE, AS PROVIDED FOR IN THIS  PARA-
 GRAPH,  BEING  PRESENTED  TO  THE COURT. Where either party to an action
 concerning custody of or a right to visitation with a child alleges in a
 sworn petition or complaint or sworn  answer,  cross-petition,  counter-
 claim  or  other  sworn  responsive  pleading  that  the other party has
 committed an act of domestic violence against the party making the alle-
 gation or a family or household member of either party, as  such  family
 or household member is defined in article eight of the family court act,
 and  such allegations are proven by a preponderance of the evidence, the
 court must consider the effect of such domestic violence upon  the  best
 interests of the child, together with such other facts and circumstances
 as  the  court  deems  relevant  in  making a direction pursuant to this
 section and state on the record how such  findings,  facts  and  circum-
 stances  factored  into  the  direction.  If a parent makes a good faith
 allegation based on a reasonable belief  supported  by  facts  that  the
 child  is  the  victim  of child abuse, child neglect, or the effects of
 domestic violence, and if that parent acts lawfully and in good faith in
 response to that reasonable belief to protect the child or  seek  treat-
 ment  for  the child, then that parent shall not be deprived of custody,
 visitation or contact with the child, or restricted in custody,  visita-
 S. 8403                             3

 tion  or  contact, based solely on that belief or the reasonable actions
 taken based on that belief. If an allegation that a child is  abused  is
 supported  by  a  preponderance  of  the  evidence, then the court shall
 consider  such  evidence of abuse in determining the visitation arrange-
 ment that is in the best interest of the child, and the court shall  not
 place a child in the custody of a parent who presents a substantial risk
 of  harm  to that child, and shall state on the record how such findings
 were factored into the determination. Where a proceeding filed  pursuant
 to  article  ten or ten-A of the family court act is pending at the same
 time as a proceeding brought in the supreme court involving the  custody
 of,  or  right  to  visitation  with, any child of a marriage, the court
 presiding over the proceeding under article ten or ten-A of  the  family
 court  act  may  jointly  hear the dispositional hearing on the petition
 under article ten or the permanency hearing under article ten-A  of  the
 family  court act and, upon referral from the supreme court, the hearing
 to resolve the matter of custody or visitation in the proceeding pending
 in the supreme court; provided however, the court must determine custody
 or visitation in accordance with the terms of this section.
   An order directing the payment of  child  support  shall  contain  the
 social  security  numbers of the named parties. In all cases there shall
 be no prima facie right to the custody of the child  in  either  parent.
 Such direction shall make provision for child support out of the proper-
 ty  of  either or both parents. The court shall make its award for child
 support pursuant to subdivision one-b of this  section.  Such  direction
 may  provide  for  reasonable  visitation  rights to the maternal and/or
 paternal grandparents of any child of the parties. Such direction as  it
 applies  to  rights of visitation with a child remanded or placed in the
 care of a person, official, agency or institution  pursuant  to  article
 ten of the family court act, or pursuant to an instrument approved under
 section three hundred fifty-eight-a of the social services law, shall be
 enforceable  pursuant  to  part eight of article ten of the family court
 act and sections three hundred fifty-eight-a and three  hundred  eighty-
 four-a of the social services law and other applicable provisions of law
 against any person having care and custody, or temporary care and custo-
 dy,  of the child. Notwithstanding any other provision of law, any writ-
 ten application or motion to the court for the establishment,  modifica-
 tion  or  enforcement  of  a child support obligation for persons not in
 receipt of public assistance and care must contain either a request  for
 child  support enforcement services which would authorize the collection
 of the support  obligation  by  the  immediate  issuance  of  an  income
 execution  for  support  enforcement  as  provided  for by this chapter,
 completed in the manner specified in section one hundred eleven-g of the
 social services law; or a statement that the applicant has  applied  for
 or  is  in  receipt  of such services; or a statement that the applicant
 knows of the availability of such services, has declined  them  at  this
 time  and  where  support  enforcement  services pursuant to section one
 hundred eleven-g of the social services law have been declined that  the
 applicant  understands  that  an  income  deduction  order may be issued
 pursuant to subdivision (c) of section fifty-two  hundred  forty-two  of
 the civil practice law and rules without other child support enforcement
 services  and that payment of an administrative fee may be required. The
 court shall provide a  copy  of  any  such  request  for  child  support
 enforcement  services  to the support collection unit of the appropriate
 social services district any time it directs payments to be made to such
 support collection unit. Additionally, the  copy  of  any  such  request
 shall  be accompanied by the name, address and social security number of
 S. 8403                             4
 
 the parties; the date and place of the parties' marriage; the  name  and
 date  of birth of the child or children; and the name and address of the
 employers and income payors of the party  from  whom  child  support  is
 sought  or  from  the  party  ordered  to pay child support to the other
 party. Such direction may require the payment of a sum or sums of  money
 either directly to the custodial parent or to third persons for goods or
 services furnished for such child, or for both payments to the custodial
 parent  and  to  such  third persons; provided, however, that unless the
 party seeking or receiving child support has applied for or is receiving
 such services, the court shall not direct such payments to  be  made  to
 the  support  collection  unit,  as  established  in section one hundred
 eleven-h of the social services law. Every order directing  the  payment
 of support shall require that if either parent currently, or at any time
 in  the  future,  has  health  insurance  benefits available that may be
 extended or obtained to cover the child,  such  parent  is  required  to
 exercise  the  option  of additional coverage in favor of such child and
 execute and deliver to such person  any  forms,  notices,  documents  or
 instruments  necessary  to assure timely payment of any health insurance
 claims for such child.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.