BILL NUMBER: S512
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the domestic relations law and the family court act, in
relation to orders for child custody
 
PURPOSE:
To ensure custody/visitation determinations are made in a timely manner.
 
SUMMARY OF PROVISIONS:
Section I. Subparagraph 4 of paragraph (a-1) of subdivision 1 of section
240 of the domestic relations law, as amended by chapter 295 of the laws
of 2009, is amended to read: the court may issue a temporary, successive
temporary or final order of custody or visitation; province, that a
final order of custody or visitation shall be issued within six months
following the preliminary conference or initial appearance of the peti-
tion.
Section 2. Paragraph 4 of subdivision (e) of section 651 of the family
court act, as amended by chapter 295 of the laws of 2009, is amended to
read: a temporary, successive temporary or final order of custody or
visitation provided, that a final order of custody or visitation shall
be issued within six months following the preliminary conference or
initial appearance on the petition or order to show cause.
Section 3. Subdivision (a) of section 1089 of the family court act, as
added by section 27 of part A of chapter 3 of the laws of 2005, para-
graph 1 as amended by chapter 342 of the laws 2010, paragraph 2 as
amended by chapter 605 of the laws of 2011, paragraph 3 as amended by
chapter 437 of the laws of 2006, is amened to add (iii) to read as
follows: A final order of custody in a permanency hearing issued under
this section shall be issued within six month following the initial
permanency hearing.
Section 4. Sets forth the effective date.
 
JUSTIFICATION:
This bill will help stop the permanent destruction which custody
proceedings in New York inflict on innocent parties with prolonged liti-
gation. A constituent, a primary caregiver mom and victim of decades of
domestic violence, lost custody of her two children to her husband in
2000 and has never seen them again. Her first forensic evaluation recom-
mended that she have custody of her children and some measure of
protection. Instead of expeditiously determining child custody, the
court's processes incentivized and enabled her spouse to prolong liti-
gation while he worked to change the status quo of her status as primary
caregiver. She became sick with cancer while living in low-income hous-
ing.
This bill will speed up the process of custody or visitation by mandat-
ing the determination to be made within 6 months following the prelimi-
nary conference.
 
LEGISLATIVE HISTORY:
2024 S.8809
 
FISCAL IMPLICATIONS:
 
EFFECTIVE DATE:
This bill shall take effect on the sixtieth day after it shall have
become a law and shall apply to proceedings commenced on and after such
date.

Statutes affected:
S512: 240 domestic relations law, 240(1) domestic relations law