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NY S05998

Bill

Status

Engrossed

6/13/2025

Primary Sponsor

James Skoufis

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • 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

  • 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)

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Judiciary1/7/2026
Judiciary6/13/2025
Rules6/12/2025
Codes4/7/2025
Judiciary3/4/2025

Full Bill Text

No bill text available