Bill

Bill > S07425


NY S07425

NY S07425
Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs presumptions that may be made by the court and admissibility of certain evidence in such cases; requires court officials to take part in training to handle such cases regarding domestic violence and child abuse.


summary

Introduced
10/08/2021
In Committee
01/05/2022
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

2021-2022 General Assembly

Bill Summary

Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs presumptions that may be made by the court and admissibility of certain evidence in such cases; requires court officials to take part in training to handle such cases regarding domestic violence and child abuse.

AI Summary

This bill, known as "Kyra's Law," makes several key changes to child custody and visitation proceedings in New York: 1. It requires courts to consider the health and safety of the child as the top priority when making custody and visitation decisions, and lays out specific factors the court must weigh, such as allegations of domestic violence or child abuse, prior police reports, and whether either party owns firearms. 2. It creates a rebuttable presumption that the court shall not award sole or joint custody or unsupervised visitation to a party who jeopardizes the life or safety of the child. 3. It prohibits the court from considering theories like "parental alienation" that are not supported by scientific evidence, and bars courts from ordering reunification treatment that would separate a child from their primary caregiver. 4. It requires judges, referees, and other court officials handling custody cases involving domestic violence or child abuse to undergo initial and ongoing training on relevant laws, the dynamics of abuse, and assessment of risks to the child's safety. 5. It allows for expedited appeals of temporary emergency custody orders issued to protect a child's life or safety, and provides for a stay of such orders pending appeal in certain circumstances. Overall, the bill aims to prioritize child safety and wellbeing in custody and visitation determinations, and ensure that courts are equipped to properly handle cases involving domestic violence and child abuse.

Committee Categories

Justice

Sponsors (21)

Last Action

RECOMMITTED TO RULES (on 06/03/2022)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...