New York S 4128: Relates to the New York healthy vending act

Bill Text

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S04128 Summary:

BILL NOS04128 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §§70 & 240, add §240-e, Dom Rel L

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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.

Go to top S04128 Actions:

BILL NOS04128 

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02/03/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS04128 Committee&nbspVotes:

Go to topS04128 Floor&nbspVotes:

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

Go to topS04128 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4128

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 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:

 1 Section 1. Legislative findings. The legislature hereby finds and
 2 declares that it is the public policy of the state to assure minor chil-
 3 dren have frequent and continuing contact with both parents after the
 4 parents have separated or dissolved their marriage and that it is in the
 5 public interest to encourage parents to share the rights and responsi-
 6 bilities of child-rearing in order to effectuate this policy. At the
 7 outset and thereafter, in any proceeding where there is at issue the
 8 custody of a minor child, the court may, during the pendency of the
 9 proceeding or at any time thereafter, make such order for the custody of
 10 minor children as may seem necessary or proper. The provisions of this
 11 act establish a presumption, affecting the burden of proof, that shared
 12 parenting is in the best interests of minor children.
 13 § 2. Subdivision (a) of section 70 of the domestic relations law, as
 14 amended by chapter 457 of the laws of 1988, is amended to read as
 15 follows:
 16 (a) Where a minor child is residing within this state, either parent
 17 may apply to the supreme court for a writ of habeas corpus to have such
 18 minor child brought before such court; and on the return thereof, the
 19 court, on due consideration, [may] shall award the natural guardianship,
 20 charge and custody of such child to [either parent] both parents, in the
 21 absence of an allegation that such shared parenting would be detrimental
 22 to such child, for such time, under such regulations and restrictions,
 23 and with such provisions and directions, as the case may require, and
 24 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.
 LBD07651-01-5

 S. 4128 2

 1 there shall be no prima facie right to the custody of the child in
 2 either parent, but the] The burden of proof that such shared parenting
 3 would be detrimental to such child shall be upon the parent requesting
 4 sole custody. The court shall determine solely what is for the best
 5 interest of the child, and what will best promote [its] the child's
 6 welfare and happiness, and make award accordingly.
 7 § 3. Paragraph (a) of subdivision 1 of section 240 of the domestic
 8 relations law, as amended by chapter 567 of the laws of 2015, is amended
 9 to read as follows:
 10 (a) (i) In any action or proceeding brought (1) to annul a marriage or
 11 to declare the nullity of a void marriage, or (2) for a separation, or
 12 (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by
 13 petition and order to show cause, the custody of or right to visitation
 14 with any child of a marriage, the court shall require verification of
 15 the status of any child of the marriage with respect to such child's
 16 custody and support, including any prior orders, and shall enter orders
 17 for custody and support as, in the