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NY S05998
Bill
Status
6/13/2025
Primary Sponsor
James Skoufis
Click for details
AI Summary
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Establishes "Kyra's Law" requiring courts to prioritize child safety as a threshold issue in all custody and visitation determinations, mandating review of orders of protection registries, sex offender registries, and prior family court proceedings before issuing custody orders
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Requires courts to consider specific evidence of domestic violence and child abuse risks, including history of violence, police reports, strangulation incidents, stalking, threats involving weapons, substance abuse patterns, and "coercive control" (defined as patterns restricting a party's safety or autonomy through threats, isolation, surveillance, or intimidation)
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Mandates courts appoint an attorney to represent a child when facially credible allegations of substantial risk to the child's safety are made in custody proceedings under Family Court Act Article 6
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Protects parents who make good faith allegations of child abuse or domestic violence from losing custody or visitation rights based solely on those reasonable beliefs or protective actions taken in response
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Requires judges, referees, and hearing officers to complete comprehensive training on domestic violence and child abuse before presiding over custody cases involving such allegations, with additional training required every two years thereafter
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Takes effect 270 days after becoming law, requiring updates to Family Court petition forms to allow petitioners to specify allegations of child abuse, domestic violence, or substantial risk to child safety
Legislative Description
Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety; requires the court to appoint an attorney to represent the child when credible allegations of serious risk to the child's safety have been made.
Last Action
REFERRED TO JUDICIARY
1/7/2026