Bill
Bill > S07425
NY S07425
NY S07425Requires 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
10/08/2021
In Committee
01/05/2022
01/05/2022
Crossed Over
Passed
Dead
12/31/2022
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)
Anna Kaplan (D)*,
George Borrello (R),
Philip Boyle (R),
John Brooks (D),
Cordell Cleare (D),
Leroy Comrie (D),
Jeremy Cooney (D),
James Gaughran (D),
Andrew Gounardes (D),
Pete Harckham (D),
Brad Hoylman (D),
Todd Kaminsky (D),
Liz Krueger (D),
Mario Mattera (R),
Tony Palumbo (R),
Jessica Ramos (D),
Edward Rath (R),
Elijah Reichlin-Melnick (D),
Luis Sepúlveda (D),
James Skoufis (D),
Alexis Weik (R),
Last Action
RECOMMITTED TO RULES (on 06/03/2022)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Loading...