New York A 6151: Relates to procedures for certain temporary custody orders

Bill Text

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A06151 Summary:

BILL NOA06151 

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SAME ASNo Same As

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SPONSORTague

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COSPNSRSmullen, Angelino, Beephan, Sempolinski

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MLTSPNSR

&nbsp

Amd §240, Dom Rel L

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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.

Go to top A06151 Actions:

BILL NOA06151 

&nbsp

02/26/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA06151 Committee&nbspVotes:

Go to topA06151 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06151 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6151

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 26, 2025
 ___________

 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-4) to read as follows:
 3 (a-4) 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 their child pursuant to a court
 20 order under this chapter, the family court act or an order enforced
 21 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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08441-01-5

 A. 6151 2

 1 child and is consistent with ensuring the child's welfare. In the event
 2 that the parents or person acting as a parent cannot agree on a parent-
 3 ing schedule deviating from equal parenting time, the court shall
 4 construct a parenting time schedule which maximizes the time each parent
 5 or person acting as a parent has with the child and is consistent with
 6 ensuring such child's welfare.
 7 (4) Each temporary custody order shall include specific findings of
 8 fact and conclusions of law, except when the court confirms the agree-
 9 ment of the parties.
 10 (5) Any temporary custody order shall address the circumstance in
 11 which the child will transfer from one parent or person acting as a
 12 parent to the other.
 13 (6) Modification of a temporary custody order may be sought when there
 14 is a material and substantial change in the circumstance of the parents,
 15 person acting as a parent, or child.
 16 (7) If a proceeding to annul a marriage, to declare the nullity of a
 17 void marriage, for a separation or for a divorce is dismissed, any
 18 temporary custody order shall be vacated unless a parent or person
 19 acting as a parent moves that the proceeding continue as a custody
 20 proceeding and the court finds, after a hearing, that the circumstances
 21 of the pa