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New York · 2025-2026 General Assembly
S04128Establishes 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.
Direction
Custody & supportcustody parenting timeAI label
↑Expands rights of the paying or noncustodial parentmodel confidence 90%
Establishes a presumption of shared parenting (joint legal and physical custody) in matrimonial proceedings unless detrimental to the child, creates an order of preference starting with joint custody to both parents, requires a parenting plan, and places the burden of proof on the parent seekingsole
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.
=No change to rights of the paying or noncustodial parentmodel confidence 80%
Requires the court to consider proven domestic violence in determining best interests of the child for custody and visitation but does not create a presumption against custody or parenting time for the perpetrator.
Where either party to an action concerning custody of or a right to visitation with a child alleges in a sworn petition or complaint or sworn answer, cross-peti- tion, counterclaim or other sworn responsive pleading that the other party has committed an act of domestic violence against the party making the allegation or a family or household member of either party, as such family or household member is defined in article eight of the family court act, and such allegations are proven by a preponderance of the evidence, the court must consider the effect of such domestic violence upon the best
Why the model tagged it this way: The bill amends the domestic relations law to create a presumption favoring shared parenting (joint custody and equal time) in divorce, separation, and custody proceedings, with an order of preference starting with joint custody to both parents, a required parenting plan, and burden of proof on the parent seeking sole custody; this expands rights for the less-custodial parent. It also requires consideration of proven domestic violence in best-interests determinations but adds no new presumption or automatic restriction, so neutral on that subtag. No other listed topics are substantivelyaddress
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)