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New York · 2025-2026 General Assembly
A04786Establishes a presumption of shared parenting of minor children in matrimonial and family court proceedings.
Direction
Custody & supportcustody parenting timeAI label
↑Expands rights of the paying or noncustodial parentmodel confidence 90%
Establishes a presumption that shared parenting is in the best interest of the child, places the burden of proof on the parent seeking sole custody to show detriment, requires parenting plans for joint custody, and prioritizes joint custody in the order of preference, so more rights for the less-cus
There shall be a presumption, affecting the burden of proof, that shared parenting is in the best interests of a minor child unless the parents have agreed to an award of custody to one parent or so agree in open court at a hearing for the purpose of determining custody of a minor child of the marriage or the court finds that shared parenting would be detrimental to a particular child of a specific marriage.
↓Restricts rights of the paying or noncustodial parentmodel confidence 80%
Requires the court to consider proven domestic violence in determining best interests and bars custody to a parent presenting substantial risk of harm, while protecting a parent from loss of custody based solely on a reasonable belief of abuse unless proven, so more obligations on the parent found (
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 arrangement 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
Why the model tagged it this way: The bill creates a presumption of shared parenting (joint legal and physical custody) in matrimonial and family court proceedings, shifts the burden to the parent seeking sole custody, requires parenting plans, and prioritizes joint custody, expanding rights for the less-custodial parent. It also addresses domestic violence findings in custody decisions, restricting the rights of a parent found to pose a risk. No other listed topics are substantively addressed.
Related bills
A06194Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court ↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Died (session ended)
S05998Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court ↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Died (session ended)
S10468Establishes confirmatory adoptions allowing adoption and parentage judgements for a child with more than two parents; recognizes functional ↑Expands rights of the paying or noncustodial parent↔Mixed rights of the paying or noncustodial parent Died (session ended)
S09748Establishes confirmatory adoptions providing for the adoption of children born as a result of assisted reproduction; allows for more than tw↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Died (session ended)