Bill Text: NY S08403 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires the court making a determination of the best interest of the child in custody matters to consider evidence that a child is enrolled in, or that either parent intends to enroll the child in, a nonpublic elementary or secondary school that is noncompliant with the academic requirements set forth in the education law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-26 - REFERRED TO CHILDREN AND FAMILIES [S08403 Detail]
Download: New_York-2023-S08403-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8403 IN SENATE January 26, 2024 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the domestic relations law, in relation to evidence to be considered in the case of child custody matters The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Beatrice's 2 Law". 3 § 2. Subdivision (a) of section 70 of the domestic relations law, as 4 amended by chapter 457 of the laws of 1988, is amended to read as 5 follows: 6 (a) Where a minor child is residing within this state, either parent 7 may apply to the supreme court for a writ of habeas corpus to have such 8 minor child brought before such court; and on the return thereof, the 9 court, on due consideration, may award the natural guardianship, charge 10 and custody of such child to either parent for such time, under such 11 regulations and restrictions, and with such provisions and directions, 12 as the case may require, and may at any time thereafter vacate or modify 13 such order. In all cases there shall be no prima facie right to the 14 custody of the child in either parent, but the court shall determine 15 solely what is for the best interest of the child, and what will best 16 promote its welfare and happiness, and make award accordingly. In making 17 a determination of the best interest of the child pursuant to this 18 subdivision, the court shall consider evidence that a child is enrolled 19 in, or either parent intends to enroll the child in, a nonpublic elemen- 20 tary or secondary school that is noncompliant with the academic require- 21 ments set forth in paragraph (ii) of subdivision two of section thirty- 22 two hundred four of the education law, and notwithstanding a 23 determination pursuant to paragraph (v) of subdivision two of section 24 thirty-two hundred four of the education law. A finding by the court 25 that the child is enrolled in, or either parent intends to enroll the 26 child in, a noncompliant nonpublic school as provided in this subdivi- 27 sion shall create a non-rebuttable presumption that it is in the best 28 interest of the child for educational decision making authority to be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14156-01-4S. 8403 2 1 awarded to the parent who will affect enrollment or intended enrollment 2 to a school that is compliant with the academic requirements set forth 3 in paragraph (ii) of subdivision two of section thirty-two hundred four 4 of the education law. The court shall issue its order awarding educa- 5 tional decision making authority within thirty days of evidence, as 6 provided for in this subdivision, being presented to the court. 7 § 3. Paragraph (a) of subdivision 1 of section 240 of the domestic 8 relations law, as amended by chapter 567 of the laws of 2015, is amended 9 to read as follows: 10 (a) In any action or proceeding brought (1) to annul a marriage or to 11 declare the nullity of a void marriage, or (2) for a separation, or (3) 12 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti- 13 tion and order to show cause, the custody of or right to visitation with 14 any child of a marriage, the court shall require verification of the 15 status of any child of the marriage with respect to such child's custody 16 and support, including any prior orders, and shall enter orders for 17 custody and support as, in the court's discretion, justice requires, 18 having regard to the circumstances of the case and of the respective 19 parties and to the best interests of the child and subject to the 20 provisions of subdivision one-c of this section. In making a determi- 21 nation of the best interest of the child pursuant to this paragraph, the 22 court shall consider evidence that a child is enrolled in, or either 23 parent intends to enroll the child in, a nonpublic elementary or second- 24 ary school that is noncompliant with the academic requirements set forth 25 in paragraph (ii) of subdivision two of section thirty-two hundred four 26 of the education law, and notwithstanding a determination pursuant to 27 paragraph (v) of subdivision two of section thirty-two hundred four of 28 the education law. A finding by the court that the child is enrolled 29 in, or either parent intends to enroll the child in, a noncompliant 30 nonpublic school as provided in this paragraph shall create a non-re- 31 buttable presumption that it is in the best interest of the child for 32 educational decision making authority to be awarded to the parent who 33 will affect enrollment or intended enrollment to a school that is 34 compliant with the academic requirements set forth in paragraph (ii) of 35 subdivision two of section thirty-two hundred four of the education law. 36 The court shall issue its order awarding educational decision making 37 authority within thirty days of evidence, as provided for in this para- 38 graph, being presented to the court. Where either party to an action 39 concerning custody of or a right to visitation with a child alleges in a 40 sworn petition or complaint or sworn answer, cross-petition, counter- 41 claim or other sworn responsive pleading that the other party has 42 committed an act of domestic violence against the party making the alle- 43 gation or a family or household member of either party, as such family 44 or household member is defined in article eight of the family court act, 45 and such allegations are proven by a preponderance of the evidence, the 46 court must consider the effect of such domestic violence upon the best 47 interests of the child, together with such other facts and circumstances 48 as the court deems relevant in making a direction pursuant to this 49 section and state on the record how such findings, facts and circum- 50 stances factored into the direction. If a parent makes a good faith 51 allegation based on a reasonable belief supported by facts that the 52 child is the victim of child abuse, child neglect, or the effects of 53 domestic violence, and if that parent acts lawfully and in good faith in 54 response to that reasonable belief to protect the child or seek treat- 55 ment for the child, then that parent shall not be deprived of custody, 56 visitation or contact with the child, or restricted in custody, visita-S. 8403 3 1 tion or contact, based solely on that belief or the reasonable actions 2 taken based on that belief. If an allegation that a child is abused is 3 supported by a preponderance of the evidence, then the court shall 4 consider such evidence of abuse in determining the visitation arrange- 5 ment that is in the best interest of the child, and the court shall not 6 place a child in the custody of a parent who presents a substantial risk 7 of harm to that child, and shall state on the record how such findings 8 were factored into the determination. Where a proceeding filed pursuant 9 to article ten or ten-A of the family court act is pending at the same 10 time as a proceeding brought in the supreme court involving the custody 11 of, or right to visitation with, any child of a marriage, the court 12 presiding over the proceeding under article ten or ten-A of the family 13 court act may jointly hear the dispositional hearing on the petition 14 under article ten or the permanency hearing under article ten-A of the 15 family court act and, upon referral from the supreme court, the hearing 16 to resolve the matter of custody or visitation in the proceeding pending 17 in the supreme court; provided however, the court must determine custody 18 or visitation in accordance with the terms of this section. 19 An order directing the payment of child support shall contain the 20 social security numbers of the named parties. In all cases there shall 21 be no prima facie right to the custody of the child in either parent. 22 Such direction shall make provision for child support out of the proper- 23 ty of either or both parents. The court shall make its award for child 24 support pursuant to subdivision one-b of this section. Such direction 25 may provide for reasonable visitation rights to the maternal and/or 26 paternal grandparents of any child of the parties. Such direction as it 27 applies to rights of visitation with a child remanded or placed in the 28 care of a person, official, agency or institution pursuant to article 29 ten of the family court act, or pursuant to an instrument approved under 30 section three hundred fifty-eight-a of the social services law, shall be 31 enforceable pursuant to part eight of article ten of the family court 32 act and sections three hundred fifty-eight-a and three hundred eighty- 33 four-a of the social services law and other applicable provisions of law 34 against any person having care and custody, or temporary care and custo- 35 dy, of the child. Notwithstanding any other provision of law, any writ- 36 ten application or motion to the court for the establishment, modifica- 37 tion or enforcement of a child support obligation for persons not in 38 receipt of public assistance and care must contain either a request for 39 child support enforcement services which would authorize the collection 40 of the support obligation by the immediate issuance of an income 41 execution for support enforcement as provided for by this chapter, 42 completed in the manner specified in section one hundred eleven-g of the 43 social services law; or a statement that the applicant has applied for 44 or is in receipt of such services; or a statement that the applicant 45 knows of the availability of such services, has declined them at this 46 time and where support enforcement services pursuant to section one 47 hundred eleven-g of the social services law have been declined that the 48 applicant understands that an income deduction order may be issued 49 pursuant to subdivision (c) of section fifty-two hundred forty-two of 50 the civil practice law and rules without other child support enforcement 51 services and that payment of an administrative fee may be required. The 52 court shall provide a copy of any such request for child support 53 enforcement services to the support collection unit of the appropriate 54 social services district any time it directs payments to be made to such 55 support collection unit. Additionally, the copy of any such request 56 shall be accompanied by the name, address and social security number ofS. 8403 4 1 the parties; the date and place of the parties' marriage; the name and 2 date of birth of the child or children; and the name and address of the 3 employers and income payors of the party from whom child support is 4 sought or from the party ordered to pay child support to the other 5 party. Such direction may require the payment of a sum or sums of money 6 either directly to the custodial parent or to third persons for goods or 7 services furnished for such child, or for both payments to the custodial 8 parent and to such third persons; provided, however, that unless the 9 party seeking or receiving child support has applied for or is receiving 10 such services, the court shall not direct such payments to be made to 11 the support collection unit, as established in section one hundred 12 eleven-h of the social services law. Every order directing the payment 13 of support shall require that if either parent currently, or at any time 14 in the future, has health insurance benefits available that may be 15 extended or obtained to cover the child, such parent is required to 16 exercise the option of additional coverage in favor of such child and 17 execute and deliver to such person any forms, notices, documents or 18 instruments necessary to assure timely payment of any health insurance 19 claims for such child. 20 § 4. This act shall take effect on the one hundred eightieth day after 21 it shall have become a law.
