A09819 Summary:

BILL NOA09819
 
SAME ASNo Same As
 
SPONSORTague
 
COSPNSRBrabenec, DeStefano, Kolb, Miller B, Lawrence, Sayegh, McDonough, Manktelow
 
MLTSPNSRSalka
 
Amd §240, Dom Rel L
 
Establishes procedures for temporary custody orders that include a rebuttable presumption 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.
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A09819 Actions:

BILL NOA09819
 
02/13/2020referred to judiciary
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A09819 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9819
 
SPONSOR: Tague
  TITLE OF BILL: An act to amend the domestic relations law, in relation to procedures for certain temporary custody orders   PURPOSE OR GENERAL IDEA OF BILL: This bill would provide for temporary custody orders permitting joint custody with equal parenting time when families separate.   SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill amends subdivision 1 of section 240 of the domestic relations law by adding a new paragraph to establish temporary custody orders during family separation proceedings. It provides that in the making of an order for temporary custody, there shall be a presump- tion, 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. This section offers additional explanations necessary for the implementation of this act. Section two provides the effective date.   JUSTIFICATION: There are few things more traumatic to a child than the separation of their parents, no matter how amicable the event might be. It is at this time that everyone involved should do all they can to keep that child's life as intact as possible and not relegate one parent to the role of a visitor. If the parents can no longer live together, the next best thing is for the child to have equal time with each parent. This bill sets a standard of equal time with each parent during this crucial moment, when a child needs all the love, reassurance and stability possible. As it stands now, custody/visitation cases can be continued for weeks or even months and the child, under current custom, is oftentimes denied the best of both parents while a judgement is determined. By setting a rebuttable presumption of 50/50 shared parenting for temporary orders (with room for an exception if one parent is demonstrably unfit), it shifts the starting point of any discussions to the child's best inter- est and frees up a judges' time to review and consider more challenging matters. Barring exceptional circumstances, a child's right to both parents should not be allowed to be used as leverage as they work out their personal differences. Additionally, the child's love and need for both parents was not diminished when the two adults decided to separate.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.   EFFECTIVE DATE: This act would take effect on the ninetieth day after it becomes law.
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A09819 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9819
 
                   IN ASSEMBLY
 
                                    February 13, 2020
                                       ___________
 
        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:
 
     1    Section 1. Subdivision 1 of section 240 of the domestic relations  law
     2  is amended by adding a new paragraph (a-3) to read as follows:
     3    (a-3) Parenting time; presumptions and procedures for temporary custo-
     4  dy orders.  (1) A party to a custody proceeding may move for a temporary
     5  custody order. The motion must be supported by a petition. The court may
     6  award  temporary  custody  pursuant  to the provisions of this paragraph
     7  after a hearing, or, if there is no objection, solely on  the  basis  of
     8  the petitions. If the parents or a person acting as a parent, as defined
     9  in  section  seventy-five-a of this chapter, present a temporary custody
    10  agreement and mutually agreed plan for parenting  time,  and  the  court
    11  confirms  that  the agreement adequately provides for the welfare of the
    12  child, such agreement shall become the temporary custody  order  of  the
    13  court.
    14    (2)  In  making  an  order  for  temporary  custody,  there shall be a
    15  presumption, rebuttable by  clear  and  convincing  evidence,  that  the
    16  parents  or a person acting as a parent shall have temporary joint legal
    17  and shared physical custody and shall share  equal  parenting  time.  As
    18  used  in this paragraph, the term "parenting time" shall mean the period
    19  of time that a parent may spend with his or  her  child  pursuant  to  a
    20  court  order  under  this  chapter,  the  family  court  act or an order
    21  enforced under article five-A of this chapter.
    22    (3) If a deviation from equal parenting time is warranted, the parents
    23  or person acting as a parent, through mutual and agreed  upon  consider-
    24  ations  or  mediation,  shall  construct a parenting time schedule which
    25  maximizes the time each parent or person acting as a parent has with the
    26  child and is consistent with ensuring the child's welfare. In the  event
    27  that  the parents or person acting as a parent cannot agree on a parent-
    28  ing schedule deviating  from  equal  parenting  time,  the  court  shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14969-01-0

        A. 9819                             2

     1  construct a parenting time schedule which maximizes the time each parent
     2  or  person  acting as a parent has with the child and is consistent with
     3  ensuring such child's welfare.
     4    (4)  Each  temporary  custody order shall include specific findings of
     5  fact and conclusions of law, except when the court confirms  the  agree-
     6  ment of the parties.
     7    (5)  Any  temporary  custody  order  shall address the circumstance in
     8  which the child will transfer from one parent  or  person  acting  as  a
     9  parent to the other.
    10    (6) Modification of a temporary custody order may be sought when there
    11  is a material and substantial change in the circumstance of the parents,
    12  person acting as a parent, or child.
    13    (7)  If  a proceeding to annul a marriage, to declare the nullity of a
    14  void marriage, for a separation or  for  a  divorce  is  dismissed,  any
    15  temporary  custody  order  shall  be  vacated  unless a parent or person
    16  acting as a parent moves that  the  proceeding  continue  as  a  custody
    17  proceeding  and the court finds, after a hearing, that the circumstances
    18  of the parents or person acting as a parent and the  best  interests  of
    19  the child require that a custody decree be issued.
    20    (8)  If  a custody proceeding commenced in the absence of a proceeding
    21  to annul a marriage, to declare the nullity of a void  marriage,  for  a
    22  separation  or  for  a divorce is dismissed, any temporary custody order
    23  shall be vacated.
    24    (9) If a court determines by clear  and  convincing  evidence  that  a
    25  person  is a person who is acting as a parent, the court shall join such
    26  person in any action pursuant to the provisions of this paragraph  as  a
    27  party needed for just adjudication.
    28    §  2.  This  act shall take effect on the ninetieth day after it shall
    29  have become a law.
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A09819 LFIN:

 NO LFIN
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