Senate Bill S2375A

2015-2016 Legislative Session

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

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Archive: Last 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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Bill Amendments

2015-S2375 - Details

Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70 & 240, add §240-d, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6968
2011-2012: S4281
2013-2014: S949
2017-2018: S2267
2019-2020: S4260
2021-2022: S4667
2023-2024: S5282

2015-S2375 - 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.

2015-S2375 - Sponsor Memo

2015-S2375 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2375

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

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.
  S  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.
                                                           LBD06470-01-5
              

2015-S2375A (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70 & 240, add §240-d, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6968
2011-2012: S4281
2013-2014: S949
2017-2018: S2267
2019-2020: S4260
2021-2022: S4667
2023-2024: S5282

2015-S2375A (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.

2015-S2375A (ACTIVE) - Sponsor Memo

2015-S2375A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2375--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  recommitted  to  the  Committee on Children and Families in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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.
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06470-02-6
              

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