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New York · 2025-2026 General Assembly
S08198Relates to requiring certain records checks in child custody proceedings involving orders of protection; repeals certain provisions relating thereto.
Direction
Custody & supportcustody parenting timeAI label
↓Restricts rights of the paying or noncustodial parentmodel confidence 80%
Requires the court to review sex offender registry, orders of protection registry, child protective decisions, and warrants before awarding custody in family offense cases, so more information on safety risks is considered when deciding custody.
Prior to awarding custody pursuant to this paragraph, the court shall direct a review pursuant to section six hundred fifty-one of this act of the reports of the sex offender regis- try established and maintained pursuant to section one hundred sixty- eight-b of the correction law, reports of the statewide computerized registry of orders of protection established and maintained pursuant to section two hundred twenty-one-a of the executive law, related decisions in court proceedings conducted pursuant to article ten of this act, and all warrants issued pursuant to this act.
↓Restricts rights of the paying or noncustodial parentmodel confidence 80%
Requires review of orders of protection registry, child protective decisions, and warrants (in addition to sex offender registry) before awarding custody in family offense cases, so more information on domestic violence and safety risks is considered when deciding custody.
Prior to awarding custody pursuant to this paragraph, the court shall direct a review pursuant to section six hundred fifty-one of this act of the reports of the sex offender regis- try established and maintained pursuant to section one hundred sixty- eight-b of the correction law, reports of the statewide computerized registry of orders of protection established and maintained pursuant to section two hundred twenty-one-a of the executive law, related decisions in court proceedings conducted pursuant to article ten of this act, and all warrants issued pursuant to this act.
Why the model tagged it this way: The bill amends Family Court Act §842 to mandate additional records checks (sex offender registry, orders of protection registry, Article 10 decisions, and warrants) before awarding custody in family offense/order of protection cases, and repeals an existing paragraph. This adds requirements that courts consider more safety and domestic violence-related information in custody decisions between parents, which restricts the axis for the less-custodial parent by making it harder to obtain custody when such records exist. 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)
Hearings and calendar
2025-05-29 09:30 · Hearing · Senate Children and Families Committee Hearing Room 804 LOB