Bill > S04128

This bill establishes a presumption in matrimonial proceedings that shared parenting is in the best interests of minor children, fundamentally changing how child custody is determined in New York. The legislation creates a legal preference for awarding joint physical and legal custody to both parents, with the burden of proof now placed on the parent seeking sole custody to demonstrate why shared parenting would be detrimental to the child. Shared parenting is defined as an arrangement where both parents equally share legal responsibility, control, and physical care of the child, ensuring frequent and continuing contact with both parents. The bill requires parents to submit a comprehensive parenting plan that details legal responsibilities, weekly and holiday schedules, decision-making processes, and provisions for mediation. The order of preference for custody is first to both parents jointly, then to either parent (with consideration of which parent is more likely to allow continued contact with the other parent), and finally to other suitable caregivers if neither parent is deemed appropriate. The legislation aims to promote the public policy of maintaining children's relationships with both parents after separation or divorce, moving away from traditional sole custody models and emphasizing cooperative child-rearing.

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https://www.nysenate.gov/legislation/bills/2025/S4128