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New York · 2025-2026 General Assembly
S05998Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety.
Direction
Custody & supportcustody parenting timeAI label
↓Restricts rights of the paying or noncustodial parentmodel confidence 90%
Requires courts to review specific evidence of domestic violence, child abuse and child safety risk factors (including unlawful possession of firearms) before issuing any temporary or final custody or visitation order, and bars custody for a parent presenting a substantial risk of harm to the child.
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, and shall state on the record how such findings were factored into the determination.
↓Restricts rights of the paying or noncustodial parentmodel confidence 85%
Mandates that courts treat a party's history of domestic violence, child abuse and listed safety risk factors (such as coercive control, strangulation, threats, and unlawful possession of firearms) as significant factors when determining temporary or final custody and visitation orders.
(i) any party's history of domestic violence, child abuse, or other acts also posing a substantial risk of harm to a child;
Why the model tagged it this way: The bill amends custody and visitation statutes to require courts to review and give substantial weight to evidence of domestic violence, child abuse, and specific safety risk factors before awarding custody or visitation, and prohibits custody for a parent who poses a substantial risk of harm; these changes increase obligations on the less-custodial or paying parent when such factors are present and are therefore classified as restricts on the custody-support axis. No provisions address firearms access, transgender issues, abortion, or immigration enforcement.
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)
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)
A00532Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Died (session ended)