NY Shared Parenting Bill - Rally, Feb 12th, Albany

jmurtari@thebook.com

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Good People & People of Faith,

This message has info on:

1. Albany Rally for Reform - Feb 12
2. New York Senate Bill S00949

There is a Rally scheduled for Feb 12th in Albany.  You will also have a 
chance to do some 'lobbying' for reform and see what it is like to meet 
a legislator's staff.

If you have never attended an event like this, I highly recommend you 
go.  I certainly learned a lot in attending such events in the past.  It 
is also a good opportunity to place faces with names and meet other 
people who share our goals.

The text of the legislation is below.  Many have vague desires about 
what reform is.  This spells it out.  What do you think about New York 
Senate Bill S00949?  Your FEEDBACK is welcome.

*1. Albany Rally for Reform - Feb 12*

Submitted by Don Desroches <Desrochesd@gmail.com>

Join us NOW for the February 12th event. We expect to have over 100 
people there. We are ordering buses and hotel rooms now to go at night 
on the 11th. We are set to meet with Helene Weinstein at 10:30am on the 
12th. The press have been notified and will be covering the story.

Date: February 12th
Start Time: 10am
Location: State Street, in front of East Capital Park
Contact: Don Desroches, desrochesd@gmail.com

Shared Parenting Protest at the Capital. We will be promoting a bill 
introduced in the Senate that makes Shared Parenting a presumption in 
NY!!! If you care about equality in NY and for families you will be 
there. We need this bill passed this year. There have been enough 
families that have been destroyed due to the current laws.

https://www.facebook.com/events/500051426713201/?fref=ts

Reach out to your local legislator to get their support for this bill
STEP 1: Go to the link to send a note to your local legislator - 
http://www.congress.org/congressorg/issues/alert/?alertid=61115481&type=ML
STEP 2: Copy paste this into the subject line: "Support of bill S949 - 
Presumption of Shared Parenting"
STEP 3: Select "Children/Families" for the Issue Matter
STEP 4: Copy and paste the following text into the Editable Text area.
If you believe no child should be without either parent, we need to 
change the law. We need the shared parenting bill s949 (associated 
assembly bill needs to be created) to get put on the calendar for a vote 
in the judiciary committee. We also need the bill s949 to get put on the 
calendar for a vote in the Children and Families Committee. Select the 
link below to join the cause for Feb 12th (NYS Shared Parenting Day in 
Albany).

STEP 5: Put your name and address information under the Sender 
information section
STEP 6: Press the "Send Message" button
STEP 7: The next screen might ask for the issue matter again, just 
select "Children/Families  press send message again.
STEP 8: The next screen might ask a totally unrelated question to make 
sure you are not a computer  press send message again.

STEP 9: You will see this message and know it was sent:
Message Confirmation
Confirmation
Confirmed! Your letter has been sent. Thank you for using Congress.org 
to contact your elected officials.

*2. New York Senate Bill S00949*

http://assembly.state.ny.us/leg/?bn=S00949&term=2013

949 -- 2013-2014 Regular Sessions

I N S E N A T E

(PRE FILED)

January 9, 2013
___________

Introduced by Sen. PARKER -- 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 establishing
a presumption of shared parenting of minor children in matrimonial
proceedings

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Legislative findings. The legislature hereby finds and
2 declares that it is the public policy of the state to assure minor chil-
3 dren have frequent and continuing contact with both parents after the
4 parents have separated or dissolved their marriage and that it is in the
5 public interest to encourage parents to share the rights and responsi-
6 bilities of child-rearing in order to effectuate this policy. At the
7 outset and thereafter, in any proceeding where there is at issue the
8 custody of a minor child, the court may, during the pendency of the
9 proceeding or at any time thereafter, make such order for the custody of
10 minor children as may seem necessary or proper. The provisions of this
11 act establish a presumption, affecting the burden of proof, that shared
12 parenting is in the best interests of minor children.
13 S 2. Subdivision (a) of section 70 of the domestic relations law, as
14 amended by chapter 457 of the laws of 1988, is amended to read as
15 follows:
16 (a) Where a minor child is residing within this state, either parent
17 may apply to the supreme court for a writ of habeas corpus to have such
18 minor child brought before such court; and on the return thereof, the
19 court, on due consideration, [may] SHALL award the natural guardianship,
20 charge and custody of such child to [either parent] BOTH PARENTS, IN THE
21 ABSENCE OF AN ALLEGATION THAT SUCH SHARED PARENTING WOULD BE DETRIMENTAL
22 TO SUCH CHILD, for such time, under such regulations and restrictions,
23 and with such provisions and directions, as the case may require, and

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02842-01-3
S. 949 2

1 may at any time thereafter vacate or modify such order. [In all cases
2 there shall be no prima facie right to the custody of the child in
3 either parent, but the] THE BURDEN OF PROOF THAT SUCH SHARED PARENTING
4 WOULD BE DETRIMENTAL TO SUCH CHILD SHALL BE UPON THE PARENT REQUESTING
5 SOLE CUSTODY. THE court shall determine solely what is for the best
6 interest of the child, and what will best promote [its] THE CHILD'S
7 welfare and happiness, and make award accordingly.
8 S 3. Paragraph (a) of subdivision 1 of section 240 of the domestic
9 relations law, as amended by chapter 476 of the laws of 2009, is amended
10 to read as follows:
11 (a) (I) In any action or proceeding brought (1) to annul a marriage or
12 to declare the nullity of a void marriage, or (2) for a separation, or
13 (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by
14 petition and order to show cause, the custody of or right to visitation
15 with any child of a marriage, the court shall require verification of
16 the status of any child of the marriage with respect to such child's
17 custody and support, including any prior orders, and shall enter orders
18 for custody and support as, in the court's discretion, justice requires,
19 having regard to the circumstances of the case and of the respective
20 parties and to the best interests of the child and subject to the
21 provisions of subdivision one-c of this section. Where either party to
22 an action concerning custody of or a right to visitation with a child
23 alleges in a sworn petition or complaint or sworn answer, cross-peti-
24 tion, counterclaim or other sworn responsive pleading that the other
25 party has committed an act of domestic violence against the party making
26 the allegation or a family or household member of either party, as such
27 family or household member is defined in article eight of the family
28 court act, and such allegations are proven by a preponderance of the
29 evidence, the court must consider the effect of such domestic violence
30 upon the best interests of the child, together with such other facts and
31 circumstances as the court deems relevant in making a direction pursuant
32 to this section and state on the record how such findings, facts and
33 circumstances factored into the direction. If a parent makes a good
34 faith allegation based on a reasonable belief supported by facts that
35 the child is the victim of child abuse, child neglect, or the effects of
36 domestic violence, and if that parent acts lawfully and in good faith in
37 response to that reasonable belief to protect the child or seek treat-
38 ment for the child, then that parent shall not be deprived of custody,
39 visitation or contact with the child, or restricted in custody, visita-
40 tion or contact, based solely on that belief or the reasonable actions
41 taken based on that belief. If an allegation that a child is abused is
42 supported by a preponderance of the evidence, then the court shall
43 consider such evidence of abuse in determining the visitation arrange-
44 ment that is in the best interest of the child, and the court shall not
45 place a child in the custody of a parent who presents a substantial risk
46 of harm to that child, and shall state on the record how such findings
47 were factored into the determination. An order directing the payment of
48 child support shall contain the social security numbers of the named
49 parties. [In all cases there shall be no prima facie right to the custo-
50 dy of the child in either parent. Such] (II) CUSTODY SHALL BE AWARDED
51 IN THE FOLLOWING ORDER OF PREFERENCE, ACCORDING TO THE BEST INTERESTS OF
52 THE CHILD:
53 (1) TO BOTH PARENTS JOINTLY PURSUANT TO SECTION TWO HUNDRED FORTY-D OF
54 THIS ARTICLE. IN SUCH CASES THE COURT MUST REQUIRE THE PARENTS TO
55 SUBMIT A PARENTING PLAN AS DEFINED IN SUBDIVISION TWO OF SECTION TWO
56 HUNDRED FORTY-D OF THIS ARTICLE FOR IMPLEMENTATION OF THE CUSTODY ORDER
S. 949 3

1 OR THE PARENTS ACTING INDIVIDUALLY OR IN CONCERT MAY SUBMIT A CUSTODY
2 IMPLEMENTATION PLAN TO THE COURT PRIOR TO ISSUANCE OF A CUSTODY DECREE.
3 THERE SHALL BE A PRESUMPTION, AFFECTING THE BURDEN OF PROOF, THAT SHARED
4 PARENTING IS IN THE BEST INTERESTS OF A MINOR CHILD UNLESS THE PARENTS
5 HAVE AGREED TO AN AWARD OF CUSTODY TO ONE PARENT OR SO AGREE IN OPEN
6 COURT AT A HEARING FOR THE PURPOSE OF DETERMINING CUSTODY OF A MINOR
7 CHILD OF THE MARRIAGE OR THE COURT FINDS THAT SHARED PARENTING WOULD BE
8 DETRIMENTAL TO A PARTICULAR CHILD OF A SPECIFIC MARRIAGE. FOR THE
9 PURPOSE OF ASSISTING THE COURT IN MAKING A DETERMINATION WHETHER AN
10 AWARD OF SHARED PARENTING IS APPROPRIATE, THE COURT MAY DIRECT THAT AN
11 INVESTIGATION BE CONDUCTED. IF THE COURT DECLINES TO ENTER AN ORDER
12 AWARDING SHARED PARENTING PURSUANT TO THIS PARAGRAPH, THE COURT SHALL
13 STATE IN ITS DECISION THE REASONS FOR DENIAL OF AN AWARD OF SHARED
14 PARENTING. IN JURISDICTIONS HAVING A PRIVATE OR PUBLICLY-SUPPORTED
15 CONCILIATION SERVICE, THE COURT OR THE PARTIES MAY, AT ANY TIME, PURSU-
16 ANT TO LOCAL RULES OF COURT, CONSULT WITH THE CONCILIATION SERVICE FOR
17 THE PURPOSE OF ASSISTING THE PARTIES TO FORMULATE A PLAN FOR IMPLEMENTA-
18 TION OF THE CUSTODY ORDER OR TO RESOLVE ANY CONTROVERSY WHICH HAS ARISEN
19 IN THE IMPLEMENTATION OF A PLAN FOR CUSTODY. ANY ORDER FOR SHARED
20 PARENTING MAY BE MODIFIED OR TERMINATED UPON THE PETITION OF ONE OR BOTH
21 PARENTS OR ON THE COURT'S OWN MOTION IF IT IS SHOWN THAT THE BEST INTER-
22 ESTS OF THE CHILD REQUIRE MODIFICATION OR TERMINATION OF THE SHARED
23 PARENTING ORDER. ANY ORDER FOR THE CUSTODY OF A MINOR CHILD OF A
24 MARRIAGE ENTERED BY A COURT IN THIS STATE OR IN ANY OTHER STATE, SUBJECT
25 TO JURISDICTIONAL REQUIREMENTS, MAY BE MODIFIED AT ANY TIME TO AN ORDER
26 OF SHARED PARENTING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
27 (2) TO EITHER PARENT, IN WHICH CASE, THE COURT, IN MAKING AN ORDER FOR
28 CUSTODY TO EITHER PARENT SHALL CONSIDER, AMONG OTHER FACTORS, WHICH
29 PARENT IS MORE LIKELY TO ALLOW THE CHILD OR CHILDREN FREQUENT AND
30 CONTINUING CONTACT WITH THE NONCUSTODIAL PARENT, AND SHALL NOT PREFER A
31 PARENT AS CUSTODIAN BECAUSE OF THAT PARENT'S GENDER. THE BURDEN OF PROOF
32 THAT SHARED PARENTING WOULD NOT BE IN THE CHILD'S BEST INTEREST SHALL BE
33 UPON THE PARENT REQUESTING SOLE CUSTODY. NOTWITHSTANDING ANY OTHER
34 PROVISION OF LAW, ACCESS TO RECORDS AND INFORMATION PERTAINING TO A
35 MINOR CHILD, INCLUDING BUT NOT LIMITED TO MEDICAL, DENTAL AND SCHOOL
36 RECORDS, SHALL NOT BE DENIED TO A PARENT BECAUSE THE PARENT IS NOT THE
37 CHILD'S CUSTODIAL PARENT.
38 (3) IF TO NEITHER PARENT, TO THE PERSON OR PERSONS IN WHOSE HOME THE
39 CHILD HAS BEEN LIVING IN A NURTURING AND STABLE ENVIRONMENT.
40 (4) TO ANY OTHER PERSON OR PERSONS DEEMED BY THE COURT TO BE SUITABLE
41 AND ABLE TO PROVIDE A NURTURING AND STABLE ENVIRONMENT.
42 BEFORE THE COURT MAKES ANY ORDER AWARDING CUSTODY TO A PERSON OR
43 PERSONS OTHER THAN A PARENT WITHOUT THE CONSENT OF THE PARENTS, IT SHALL
44 MAKE A FINDING THAT AN AWARD OF CUSTODY TO A PARENT WOULD BE DETRIMENTAL
45 TO THE CHILD AND THE AWARD TO A NON-PARENT IS REQUIRED TO SERVE THE BEST
46 INTERESTS OF THE CHILD. ALLEGATIONS THAT PARENTAL CUSTODY WOULD BE
47 DETRIMENTAL TO THE CHILD, OTHER THAN A STATEMENT OF THAT ULTIMATE FACT,
48 SHALL NOT APPEAR IN THE PLEADINGS. THE COURT MAY, IN ITS DISCRETION,
49 EXCLUDE THE PUBLIC FROM THE HEARING ON THIS ISSUE. THE COURT SHALL STATE
50 IN WRITING THE REASON FOR ITS DECISION AND WHY THE AWARD MADE WAS FOUND
51 TO BE IN THE BEST INTERESTS OF THE CHILD. ANY direction MADE PURSUANT TO
52 THIS SUBDIVISION shall make provision for child support out of the prop-
53 erty of [either or] both parents. The court shall make its award for
54 child support pursuant to subdivision one-b of this section. Such direc-
55 tion may provide for reasonable visitation rights to the maternal and/or
56 paternal grandparents of any child of the parties. Such direction as it
S. 949 4

1 applies to rights of visitation with a child remanded or placed in the
2 care of a person, official, agency or institution pursuant to article
3 ten of the family court act, or pursuant to an instrument approved under
4 section three hundred fifty-eight-a of the social services law, shall be
5 enforceable pursuant to part eight of article ten of the family court
6 act and sections three hundred fifty-eight-a and three hundred eighty-
7 four-a of the social services law and other applicable provisions of law
8 against any person having care and custody, or temporary care and custo-
9 dy, of the child. Notwithstanding any other provision of law, any writ-
10 ten application or motion to the court for the establishment, modifica-
11 tion or enforcement of a child support obligation for persons not in
12 receipt of public assistance and care must contain either a request for
13 child support enforcement services which would authorize the collection
14 of the support obligation by the immediate issuance of an income
15 execution for support enforcement as provided for by this chapter,
16 completed in the manner specified in section one hundred eleven-g of the
17 social services law; or a statement that the applicant has applied for
18 or is in receipt of such services; or a statement that the applicant
19 knows of the availability of such services, has declined them at this
20 time and where support enforcement services pursuant to section one
21 hundred eleven-g of the social services law have been declined that the
22 applicant understands that an income deduction order may be issued
23 pursuant to subdivision (c) of section fifty-two hundred forty-two of
24 the civil practice law and rules without other child support enforcement
25 services and that payment of an administrative fee may be required. The
26 court shall provide a copy of any such request for child support
27 enforcement services to the support collection unit of the appropriate
28 social services district any time it directs payments to be made to such
29 support collection unit. Additionally, the copy of any such request
30 shall be accompanied by the name, address and social security number of
31 the parties; the date and place of the parties' marriage; the name and
32 date of birth of the child or children; and the name and address of the
33 employers and income payors of the party from whom child support is
34 sought or from the party ordered to pay child support to the other
35 party. Such direction may require the payment of a sum or sums of money
36 either directly to the custodial parent or to third persons for goods or
37 services furnished for such child, or for both payments to the custodial
38 parent and to such third persons; provided, however, that unless the
39 party seeking or receiving child support has applied for or is receiving
40 such services, the court shall not direct such payments to be made to
41 the support collection unit, as established in section one hundred
42 eleven-h of the social services law. Every order directing the payment
43 of support shall require that if either parent currently, or at any time
44 in the future, has health insurance benefits available that may be
45 extended or obtained to cover the child, such parent is required to
46 exercise the option of additional coverage in favor of such child and
47 execute and deliver to such person any forms, notices, documents or
48 instruments necessary to assure timely payment of any health insurance
49 claims for such child.
50 S 4. The domestic relations law is amended by adding a new section
51 240-d to read as follows:
52 S 240-D. CUSTODY OF CHILDREN. 1. WHERE THE COURT CONSIDERS AWARDING
53 SHARED PARENTING PURSUANT TO THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVI-
54 SION ONE OF SECTION TWO HUNDRED FORTY OF THIS ARTICLE, "SHARED PARENT-
55 ING", SHALL MEAN AN ORDER AWARDING CUSTODY OF THE CHILD TO BOTH PARTIES
56 SO THAT BOTH PARTIES SHARE EQUALLY THE LEGAL RESPONSIBILITY AND CONTROL
S. 949 5

1 OF SUCH CHILD AND SHARE EQUALLY THE LIVING EXPERIENCE IN TIME AND PHYS-
2 ICAL CARE TO ASSURE FREQUENT AND CONTINUING CONTACT WITH BOTH PARTIES,
3 AS THE COURT DEEMS TO BE IN THE BEST INTERESTS OF THE CHILD, TAKING INTO
4 CONSIDERATION THE LOCATION AND CIRCUMSTANCES OF EACH PARTY. THE TERM
5 "SHARED PARENTING", SHALL BE CONSIDERED INTERCHANGEABLE WITH "NEARLY
6 EQUAL SHARED PARENTING". AN AWARD OF JOINT PHYSICAL AND LEGAL CUSTODY
7 OBLIGATES THE PARTIES TO EXCHANGE INFORMATION CONCERNING THE HEALTH,
8 EDUCATION AND WELFARE OF THE MINOR CHILD, AND UNLESS ALLOCATED, APPOR-
9 TIONED OR DECREED, THE PARENTS OR PARTIES SHALL CONFER WITH ONE ANOTHER
10 IN THE EXERCISE OF DECISION-MAKING RIGHTS, RESPONSIBILITIES AND AUTHORI-
11 TY.
12 2. FOR THE PURPOSES OF THIS ARTICLE A "PARENTING PLAN", REQUIRED TO BE
13 SUBMITTED TO THE COURT PURSUANT TO CLAUSE ONE OF SUBPARAGRAPH (II) OF
14 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THIS
15 ARTICLE, SHALL INCLUDE BUT NOT BE LIMITED TO:
16 (A) THE LEGAL RESPONSIBILITIES OF EACH PARENT;
17 (B) A WEEKLY PARENTING SCHEDULE;
18 (C) A HOLIDAY AND VACATION PARENTING SCHEDULE;
19 (D) A SCHEDULE FOR SPECIAL OCCASIONS, INCLUDING BIRTHDAYS;
20 (E) A DESCRIPTION OF ANY SPECIFIC DECISION MAKING AREAS FOR EACH
21 PARENT PROVIDED, HOWEVER, THAT BOTH PARENTS SHALL CONFER AND JOINTLY
22 DETERMINE MAJOR ISSUES AFFECTING THE WELFARE OF THE CHILD INCLUDING
23 HEALTH, EDUCATION, DISCIPLINE AND RELIGION;
24 (F) IF APPLICABLE, THE NEED FOR ANY AND ALL OF THE PARTIES TO PARTIC-
25 IPATE IN COUNSELING;
26 (G) ANY RESTRICTIONS ON EITHER PARENT WHEN IN PHYSICAL CONTROL OF THE
27 CHILD OR CHILDREN; AND
28 (H) PROVISIONS FOR MEDIATION OF DISPUTES.
29 3. ONE PARENT MAY BE DESIGNATED AS A PUBLIC WELFARE RECIPIENT IN SITU-
30 ATIONS WHERE PUBLIC WELFARE AID IS DEEMED NECESSARY AND APPROPRIATE. IN
31 MAKING AN ORDER OF SHARED PARENTING, THE COURT SHALL SPECIFY THE RIGHT
32 OF EACH PARENT TO THE PHYSICAL CONTROL OF THE CHILD IN SUFFICIENT DETAIL
33 TO ENABLE A PARENT DEPRIVED OF THAT CONTROL TO ENFORCE THE COURT ORDER
34 AND TO ENABLE LAW ENFORCEMENT AUTHORITIES TO IMPLEMENT LAWS FOR RELIEF
35 OF PARENTAL KIDNAPPING AND CUSTODIAL INTERFERENCE.
36 S 5. This act shall take effect on the first of November next succeed-
37 ing the date on which it shall have become a law and shall apply to
38 actions and proceedings commenced on and after such date.

-- 
                                                John
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