Establishes procedures for temporary custody orders that include a fifty-fifty rebuttable presumption that the parents shall have temporary joint legal and shared physical custody and shall share equal parenting time.
Summary
Bill A06151 amends the domestic relations law to establish new procedures for temporary custody orders in New York. It introduces a rebuttable presumption of equal parenting time and temporary joint legal and shared physical custody for parents or individuals acting as parents. The bill outlines the process for requesting temporary custody orders, including the requirement for a supporting petition and the possibility for the court to award custody based on mutual agreements between the parties. Additionally, it mandates that any temporary custody order must include specific findings and conclusions by the court, and it allows for modifications of such orders under certain circumstances.
Impact
The bill's impact on state laws includes a significant shift towards promoting shared parenting arrangements during custody proceedings. By establishing a rebuttable presumption of equal parenting time, it aims to encourage parents to collaborate on custody agreements, thus potentially reducing the adversarial nature of custody disputes. This amendment may also influence how courts approach custody cases, prioritizing joint custody arrangements unless clear evidence suggests otherwise.
Sentiment
The general sentiment surrounding Bill A06151 appears to be supportive among advocates for shared parenting, as it aligns with contemporary views on the importance of both parents' involvement in a child's life. However, there may be concerns from individuals who fear that the presumption of equal parenting time could overlook cases where one parent may pose a risk to the child or where unequal circumstances exist.
Contention
Notable points of contention may arise from differing views on the presumption of equal parenting time. Critics may argue that this presumption does not adequately consider the unique circumstances of each family, particularly in cases involving domestic violence or other safety concerns. Supporters of the bill, on the other hand, contend that it promotes fairness and encourages cooperative parenting arrangements.
Creates the rebuttable presumption that joint legal custody and shared placement is in the best interest of the child and create a mechanism in constructing a parenting plan should the court deviate from equal parenting time.