From: John Murtari (jmurtari@thebook.com)
Date: Thu Feb 07 2013 - 06:50:33 EST
AKidsRight.Org - All the information in our messages if FREE for reuse as you desire. Subscribe/unsubscribe info at end of this message. ========================================= 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 ________________________________________________________________ Customer Service Software Workshop Inc. jmurtari@thebook.com "software that fits!" 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