New York Senate Bill S08197

New York 2025-2026 Regular Session

• Introduced: 5/20/25
• Refer: 5/20/25
• Report Pass: 5/29/25
• Engrossed: 6/11/25
• Refer: 6/11/25
• Engrossed: 6/17/25
• Enrolled: 12/1/25
• Vetoed: 12/5/25

Caption

Relates to the right to counsel in certain family court proceedings regarding violations of orders of child support and to establish paternity or parentage in the family court.

Summary

S08197 expands and clarifies the right to counsel in certain Family Court matters involving child support enforcement and paternity/parentage proceedings. The bill amends multiple sections of the Family Court Act to require notice of the right to counsel, including appointed counsel when a party is financially unable to obtain representation, in proceedings to enforce child support orders, to establish paternity or parentage, and in related contempt or willful violation proceedings. It also updates language to make the provisions gender-neutral and to extend protections to minors and other parties in specified proceedings. The bill specifically revises the rules governing who may bring support and paternity cases and what notices must be included in summonses. In child support violation proceedings, a person seeking enforcement of an order would be expressly informed of the right to counsel and, if a minor, the right to an attorney for the child. In paternity/parentage cases, the bill adds a right to counsel for parents or alleged parents who commence the proceeding, and for minors, the right to appointed child representation. The measure also updates contempt-related language so that all parties, rather than only one person, are covered in certain proceedings.

Impact

The bill would amend the Family Court Act, primarily sections 249, 262, 453, 522, and 524, to broaden and clarify counsel rights and notice requirements in family court proceedings. It would affect litigants in child support enforcement, paternity/parentage establishment, contempt, and related proceedings by increasing the circumstances in which courts must advise parties of counsel rights and appoint counsel for financially eligible parties or minors. The bill also makes conforming language changes, including gender-neutral terminology and references to parentage under article five-C.

Sentiment

The available voting history suggests generally strong support for the bill. It passed the Senate Children and Families Committee unanimously, the Senate Rules Committee with only one no vote, and then cleared both chambers with substantial majorities. The broad bipartisan margins indicate that lawmakers largely viewed the measure as a procedural fairness and access-to-justice improvement in family court.

Contention

The main policy issue appears to be the scope of court-appointed counsel and whether the bill should extend mandatory counsel rights to additional parties in support and parentage proceedings. The bill expands protections for petitioners, alleged parents, and minors, which likely reflects support from advocates for due process and representation in family court. Any opposition appears limited, as shown by the small number of negative votes, and the text does not indicate major controversy beyond the cost and administrative implications of broader counsel appointments.