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New York · 2025-2026 General Assembly
A06151Establishes 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.
Direction
Custody & supportcustody parenting timeAI label
↑Expands rights of the paying or noncustodial parentmodel confidence 90%
Creates a rebuttable presumption of temporary joint legal and shared physical custody with equal parenting time, and requires maximizing each parent's time with the child if deviation is warranted, so more rights for the less-custodial parent.
In making an order for temporary custody, there shall be a presumption, 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.
✓ Quote verified word for word in the bill text
Custody & supportotherAI label
↓Restricts rights of the paying or noncustodial parentmodel confidence 80%
Allows a person acting as a parent (defined by reference to existing law) to be joined as a party in temporary custody proceedings if established by clear and convincing evidence, expanding third-party participation in custody disputes at the expense of legal parents.
If a court determines by clear and convincing evidence that a person is a person who is acting as a parent, the court shall join such person in any action pursuant to the provisions of this paragraph as a party needed for just adjudication.
Why the model tagged it this way: The bill adds a new paragraph to Domestic Relations Law § 240 creating a rebuttable presumption of equal shared temporary custody and parenting time (with requirements to maximize each parent's time), which expands rights for the less-custodial parent under the custody-support axis. It also provides for joining non-legal 'persons acting as a parent' as parties to custody actions, which restricts legal parents' rights by expanding third-party claims. 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)