Bill Text: NY S04600 | 2019-2020 | General Assembly | Introduced
Bill Title: Amends provisions of various sections of law to change the term "visitation" to "parenting time" regarding custody orders.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S04600 Detail]
Download: New_York-2019-S04600-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4600 2019-2020 Regular Sessions IN SENATE March 15, 2019 ___________ Introduced by Sens. PARKER, BOYLE, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Judici- ary AN ACT to amend the domestic relations law and the family court act, in relation to changing the denotation of visitation to parenting time The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that the term "visitation" carries a negative connotation with 3 respect to noncustodial parents who want to be a part of their chil- 4 dren's lives. Society has given the term "visitation" a negative conno- 5 tation that can be associated with the visiting of an inmate at a 6 correctional facility or prison. The purpose of this act is to reflect 7 the fact that a parent's time with a child is not merely as a visitor 8 but constitutes parenting time. 9 § 1-a. Section 2 of the domestic relations law, as amended by chapter 10 920 of the laws of 1974, is amended to read as follows: 11 § 2. Definitions. As used in this chapter: 12 1. A "minor" or "infant", [as used in this chapter,] is a person under 13 the age of eighteen years. 14 2. "Visitation" refers to time permitted to be spent with a child 15 pursuant to a court order under this chapter, the family court act or an 16 order enforced under article five-A of this chapter, by a person who is 17 not a parent of the child. This shall include grandparents, siblings and 18 step-parents. 19 3. "Parenting time" refers to the period of time that a parent may 20 spend with his or her child pursuant to a court order under this chap- 21 ter, the family court act or an order enforced under article five-A of 22 this chapter. 23 § 2. Subdivision (b) of section 70 of the domestic relations law, as 24 added by chapter 457 of the laws of 1988, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10718-01-9S. 4600 2 1 (b) Any order under this section which applies to rights of [visita-2tion] parenting time with a child remanded or placed in the care of a 3 person, official, agency or institution pursuant to article ten of the 4 family court act or pursuant to an instrument approved under section 5 three hundred fifty-eight-a of the social services law, shall be 6 enforceable pursuant to the provisions of part eight of article ten of 7 [such] the family court act, sections three hundred fifty-eight-a and 8 three hundred eighty-four-a of the social services law and other appli- 9 cable provisions of law against any person or official having care and 10 custody, or temporary care and custody, of such child. 11 § 3. Subdivisions 3 and 4 of section 75-a of the domestic relations 12 law, as added by chapter 386 of the laws of 2001, are amended to read as 13 follows: 14 3. "Child custody determination" means a judgment, decree, or other 15 order of a court providing for the legal custody, physical custody, or 16 [visitation] parenting time with respect to a child. The term includes a 17 permanent, temporary, initial, and modification order. The term does not 18 include an order relating to child support or other monetary obligation 19 of an individual. 20 4. "Child custody proceeding" means a proceeding in which legal custo- 21 dy, physical custody, [or] visitation or parenting time with respect to 22 a child is an issue. The term includes a proceeding for divorce, sepa- 23 ration, neglect, abuse, dependency, guardianship, paternity, termination 24 of parental rights, and protection from domestic violence, in which the 25 issue may appear. The term does not include a proceeding involving juve- 26 nile delinquency, person in need of supervision, contractual emancipa- 27 tion, or enforcement under title three of this article. 28 § 4. Subdivision 1 of section 235 of the domestic relations law, as 29 amended by chapter 122 of the laws of 1979, is amended to read as 30 follows: 31 1. An officer of the court with whom the proceedings in a matrimonial 32 action or a written agreement of separation or an action or proceeding 33 for custody, [visitation] parenting time or maintenance of a child are 34 filed, or before whom the testimony is taken, or his clerk, either 35 before or after the termination of the suit, shall not permit a copy of 36 any of the pleadings, affidavits, findings of fact, conclusions of law, 37 judgment of dissolution, written agreement of separation or memorandum 38 thereof, or testimony, or any examination or perusal thereof, to be 39 taken by any other person than a party, or the attorney or counsel of a 40 party, except by order of the court. 41 § 5. Subdivision (b) of section 237 of the domestic relations law, as 42 amended by chapter 329 of the laws of 2010, is amended to read as 43 follows: 44 (b) Upon any application to enforce, annul or modify an order or judg- 45 ment for alimony, maintenance, distributive award, distribution of mari- 46 tal property or for custody, [visitation,] parenting time or maintenance 47 of a child, made as in section two hundred thirty-six or section two 48 hundred forty of this article provided, or upon any application by writ 49 of habeas corpus or by petition and order to show cause concerning 50 custody, [visitation] parenting time or maintenance of a child, the 51 court may direct a spouse or parent to pay counsel fees and fees and 52 expenses of experts directly to the attorney of the other spouse or 53 parent to enable the other party to carry on or defend the application 54 or proceeding by the other spouse or parent as, in the court's 55 discretion, justice requires, having regard to the circumstances of the 56 case and of the respective parties. There shall be a rebuttable presump-S. 4600 3 1 tion that counsel fees shall be awarded to the less monied spouse. In 2 exercising the court's discretion, the court shall seek to assure that 3 each party shall be adequately represented and that where fees and 4 expenses are to be awarded, they shall be awarded on a timely basis, 5 pendente lite, so as to enable adequate representation from the 6 commencement of the proceeding. Applications for the award of fees and 7 expenses may be made at any time or times prior to final judgment. Both 8 parties to the action or proceeding and their respective attorneys, 9 shall file an affidavit with the court detailing the financial agree- 10 ment, between the party and the attorney. Such affidavit shall include 11 the amount of any retainer, the amounts paid and still owing thereunder, 12 the hourly amount charged by the attorney, the amounts paid, or to be 13 paid, any experts, and any additional costs, disbursements or expenses. 14 Any applications for fees and expenses may be maintained by the attorney 15 for either spouse in counsel's own name in the same proceeding. Payment 16 of any retainer fees to the attorney for the petitioning party shall not 17 preclude any awards of fees and expenses to an applicant which would 18 otherwise be allowed under this section. 19 § 6. Paragraphs (a) and (a-1) of subdivision 1 of section 240 of the 20 domestic relations law, paragraph (a) as amended by chapter 567 of the 21 laws of 2015 and paragraph (a-1) as amended by chapter 295 of the laws 22 of 2009, are amended to read as follows: 23 (a) In any action or proceeding brought (1) to annul a marriage or to 24 declare the nullity of a void marriage, or (2) for a separation, or (3) 25 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti- 26 tion and order to show cause, the custody of or right to [visitation] 27 parenting time with any child of a marriage, the court shall require 28 verification of the status of any child of the marriage with respect to 29 such child's custody and support, including any prior orders, and shall 30 enter orders for custody and support as, in the court's discretion, 31 justice requires, having regard to the circumstances of the case and of 32 the respective parties and to the best interests of the child and 33 subject to the provisions of subdivision one-c of this section. Where 34 either party to an action concerning custody of or a right to [visita-35tion] parenting time with a child alleges in a sworn petition or 36 complaint or sworn answer, cross-petition, counterclaim or other sworn 37 responsive pleading that the other party has committed an act of domes- 38 tic violence against the party making the allegation or a family or 39 household member of either party, as such family or household member is 40 defined in article eight of the family court act, and such allegations 41 are proven by a preponderance of the evidence, the court must consider 42 the effect of such domestic violence upon the best interests of the 43 child, together with such other facts and circumstances as the court 44 deems relevant in making a direction pursuant to this section and state 45 on the record how such findings, facts and circumstances factored into 46 the direction. If a parent makes a good faith allegation based on a 47 reasonable belief supported by facts that the child is the victim of 48 child abuse, child neglect, or the effects of domestic violence, and if 49 that parent acts lawfully and in good faith in response to that reason- 50 able belief to protect the child or seek treatment for the child, then 51 that parent shall not be deprived of custody, [visitation] parenting 52 time or contact with the child, or restricted in custody, [visitation] 53 parenting time or contact, based solely on that belief or the reasonable 54 actions taken based on that belief. If an allegation that a child is 55 abused is supported by a preponderance of the evidence, then the court 56 shall consider such evidence of abuse in determining the [visitationS. 4600 4 1arrangement] parenting time that is in the best interest of the child, 2 and the court shall not place a child in the custody of a parent who 3 presents a substantial risk of harm to that child, and shall state on 4 the record how such findings were factored into the determination. Where 5 a proceeding filed pursuant to article ten or ten-A of the family court 6 act is pending at the same time as a proceeding brought in the supreme 7 court involving the custody of, or right to [visitation] parenting time 8 with, any child of a marriage, the court presiding over the proceeding 9 under article ten or ten-A of the family court act may jointly hear the 10 dispositional hearing on the petition under article ten or the permanen- 11 cy hearing under article ten-A of the family court act and, upon refer- 12 ral from the supreme court, the hearing to resolve the matter of custody 13 or [visitation] parenting time in the proceeding pending in the supreme 14 court; provided however, the court must determine custody or [visita-15tion] parenting time in accordance with the terms of this section. 16 An order directing the payment of child support shall contain the 17 social security numbers of the named parties. In all cases there shall 18 be no prima facie right to the custody of the child in either parent. 19 Such direction shall make provision for child support out of the proper- 20 ty of either or both parents. The court shall make its award for child 21 support pursuant to subdivision one-b of this section. Such direction 22 may provide for reasonable visitation rights to the maternal and/or 23 paternal grandparents of any child of the parties. Such direction as it 24 applies to rights of [visitation] parenting time with a child remanded 25 or placed in the care of a person, official, agency or institution 26 pursuant to article ten of the family court act, or pursuant to an 27 instrument approved under section three hundred fifty-eight-a of the 28 social services law, shall be enforceable pursuant to part eight of 29 article ten of the family court act and sections three hundred fifty- 30 eight-a and three hundred eighty-four-a of the social services law and 31 other applicable provisions of law against any person having care and 32 custody, or temporary care and custody, of the child. Notwithstanding 33 any other provision of law, any written application or motion to the 34 court for the establishment, modification or enforcement of a child 35 support obligation for persons not in receipt of public assistance and 36 care must contain either a request for child support enforcement 37 services which would authorize the collection of the support obligation 38 by the immediate issuance of an income execution for support enforcement 39 as provided for by this chapter, completed in the manner specified in 40 section one hundred eleven-g of the social services law; or a statement 41 that the applicant has applied for or is in receipt of such services; or 42 a statement that the applicant knows of the availability of such 43 services, has declined them at this time and where support enforcement 44 services pursuant to section one hundred eleven-g of the social services 45 law have been declined that the applicant understands that an income 46 deduction order may be issued pursuant to subdivision (c) of section 47 fifty-two hundred forty-two of the civil practice law and rules without 48 other child support enforcement services and that payment of an adminis- 49 trative fee may be required. The court shall provide a copy of any such 50 request for child support enforcement services to the support collection 51 unit of the appropriate social services district any time it directs 52 payments to be made to such support collection unit. Additionally, the 53 copy of any such request shall be accompanied by the name, address and 54 social security number of the parties; the date and place of the 55 parties' marriage; the name and date of birth of the child or children; 56 and the name and address of the employers and income payors of the partyS. 4600 5 1 from whom child support is sought or from the party ordered to pay child 2 support to the other party. Such direction may require the payment of a 3 sum or sums of money either directly to the custodial parent or to third 4 persons for goods or services furnished for such child, or for both 5 payments to the custodial parent and to such third persons; provided, 6 however, that unless the party seeking or receiving child support has 7 applied for or is receiving such services, the court shall not direct 8 such payments to be made to the support collection unit, as established 9 in section one hundred eleven-h of the social services law. Every order 10 directing the payment of support shall require that if either parent 11 currently, or at any time in the future, has health insurance benefits 12 available that may be extended or obtained to cover the child, such 13 parent is required to exercise the option of additional coverage in 14 favor of such child and execute and deliver to such person any forms, 15 notices, documents or instruments necessary to assure timely payment of 16 any health insurance claims for such child. 17 (a-1)(1) Permanent and initial temporary orders of custody or [visita-18tion] parenting time. Prior to the issuance of any permanent or initial 19 temporary order of custody or [visitation] parenting time, the court 20 shall conduct a review of the decisions and reports listed in subpara- 21 graph three of this paragraph. 22 (2) Successive temporary orders of custody or [visitation] parenting 23 time. Prior to the issuance of any successive temporary order of custo- 24 dy or [visitation] parenting time, the court shall conduct a review of 25 the decisions and reports listed in subparagraph three of this para- 26 graph, unless such a review has been conducted within ninety days prior 27 to the issuance of such order. 28 (3) Decisions and reports for review. The court shall conduct a review 29 of the following: 30 (i) related decisions in court proceedings initiated pursuant to arti- 31 cle ten of the family court act, and all warrants issued under the fami- 32 ly court act; and 33 (ii) reports of the statewide computerized registry of orders of 34 protection established and maintained pursuant to section two hundred 35 twenty-one-a of the executive law, and reports of the sex offender 36 registry established and maintained pursuant to section one hundred 37 sixty-eight-b of the correction law. 38 (4) Notifying counsel and issuing orders. Upon consideration of deci- 39 sions pursuant to article ten of the family court act, and registry 40 reports and notifying counsel involved in the proceeding, or in the 41 event of a self-represented party, notifying such party of the results 42 thereof, including any court appointed attorney for children, the court 43 may issue a temporary, successive temporary or final order of custody or 44 [visitation] parenting time. 45 (5) Temporary emergency order. Notwithstanding any other provision of 46 the law, upon emergency situations, including computer malfunctions, to 47 serve the best interest of the child, the court may issue a temporary 48 emergency order for custody or [visitation] parenting time in the event 49 that it is not possible to timely review decisions and reports on regis- 50 tries as required pursuant to subparagraph three of this paragraph. 51 (6) After issuing a temporary emergency order. After issuing a tempo- 52 rary emergency order of custody or [visitation] parenting time, the 53 court shall conduct reviews of the decisions and reports on registries 54 as required pursuant to subparagraph three of this paragraph within 55 twenty-four hours of the issuance of such temporary emergency order. 56 Should such twenty-four hour period fall on a day when court is not inS. 4600 6 1 session, then the required reviews shall take place the next day the 2 court is in session. Upon reviewing decisions and reports the court 3 shall notify associated counsel, self-represented parties and attorneys 4 for children pursuant to subparagraph four of this paragraph and may 5 issue temporary or permanent custody or [visitation] parenting time 6 orders. 7 (7) Feasibility study. The commissioner of the office of children and 8 family services, in conjunction with the office of court administration, 9 is hereby authorized and directed to examine, study, evaluate and make 10 recommendations concerning the feasibility of the utilization of comput- 11 ers in courts which are connected to the statewide central register of 12 child abuse and maltreatment established and maintained pursuant to 13 section four hundred twenty-two of the social services law, as a means 14 of providing courts with information regarding parties requesting orders 15 of custody or [visitation] parenting time. Such commissioner shall make 16 a preliminary report to the governor and the legislature of findings, 17 conclusions and recommendations not later than January first, two thou- 18 sand nine, and a final report of findings, conclusions and recommenda- 19 tions not later than June first, two thousand nine, and shall submit 20 with the reports such legislative proposals as are deemed necessary to 21 implement the commissioner's recommendations. 22 § 7. Subdivision 1-a of section 240 of the domestic relations law, as 23 amended by chapter 12 of the laws of 1996, is amended to read as 24 follows: 25 1-a. In any proceeding brought pursuant to this section to determine 26 the custody or [visitation] parenting time of minors, a report made to 27 the statewide central register of child abuse and maltreatment, pursuant 28 to title six of article six of the social services law, or a portion 29 thereof, which is otherwise admissible as a business record pursuant to 30 rule forty-five hundred eighteen of the civil practice law and rules 31 shall not be admissible in evidence, notwithstanding such rule, unless 32 an investigation of such report conducted pursuant to title six of arti- 33 cle six of the social services law has determined that there is some 34 credible evidence of the alleged abuse or maltreatment and that the 35 subject of the report has been notified that the report is indicated. 36 In addition, if such report has been reviewed by the [state] commission- 37 er of [social] the office of children and family services or his desig- 38 nee and has been determined to be unfounded, it shall not be admissible 39 in evidence. If such report has been so reviewed and has been amended to 40 delete any finding, each such deleted finding shall not be admissible. 41 If the [state] commissioner of [social] the office of children and fami- 42 ly services or his designee has amended the report to add any new find- 43 ing, each such new finding, together with any portion of the original 44 report not deleted by [the] such commissioner or his designee, shall be 45 admissible if it meets the other requirements of this subdivision and is 46 otherwise admissible as a business record. If such a report, or portion 47 thereof, is admissible in evidence but is uncorroborated, it shall not 48 be sufficient to make a fact finding of abuse or maltreatment in such 49 proceeding. Any other evidence tending to support the reliability of 50 such report shall be sufficient corroboration. 51 § 8. Subparagraph 9 of paragraph (f) of subdivision 1-b of section 240 52 of the domestic relations law, as added by chapter 567 of the laws of 53 1989, is amended to read as follows: 54 (9) Provided that the child is not on public assistance (i) extraor- 55 dinary expenses incurred by the non-custodial parent in exercising 56 [visitation] parenting time, or (ii) expenses incurred by the non-custo-S. 4600 7 1 dial parent in extended [visitation] parenting time provided that the 2 custodial parent's expenses are substantially reduced as a result there- 3 of; and 4 § 9. Paragraph c of subdivision 3 of section 240 of the domestic 5 relations law, as amended by chapter 597 of the laws of 1998, is amended 6 to read as follows: 7 c. An order of protection entered pursuant to this subdivision may be 8 made in the final judgment in any matrimonial action or in a proceeding 9 to obtain custody of or [visitation] parenting time with any child under 10 this section, or by one or more orders from time to time before or 11 subsequent to final judgment, or by both such order or orders and the 12 final judgment. The order of protection may remain in effect after entry 13 of a final matrimonial judgment and during the minority of any child 14 whose custody or [visitation] parenting time is the subject of a 15 provision of a final judgment or any order. An order of protection may 16 be entered notwithstanding that the court for any reason whatsoever, 17 other than lack of jurisdiction, refuses to grant the relief requested 18 in the action or proceeding. 19 § 10. Section 241 of the domestic relations law, as amended by chapter 20 892 of the laws of 1986, is amended to read as follows: 21 § 241. Interference with or withholding of [visitation] parenting time 22 rights; alimony or maintenance suspension. When it appears to the satis- 23 faction of the court that a custodial parent receiving alimony or main- 24 tenance pursuant to an order, judgment or decree of a court of competent 25 jurisdiction has wrongfully interfered with or withheld [visitation] 26 parenting time rights provided by such order, judgment or decree, the 27 court, in its discretion, may suspend such payments or cancel any 28 arrears that may have accrued during the time that [visitation] parent- 29 ing time rights have been or are being interfered with or withheld. 30 Nothing in this section shall constitute a defense in any court to an 31 application to enforce payment of child support or grounds for the 32 cancellation of arrears for child support. 33 § 11. Section 251 of the domestic relations law, as added by chapter 34 164 of the laws of 1973, is amended to read as follows: 35 § 251. Filing of order in family court. When, in a matrimonial action, 36 the supreme court refers the issues of support, custody or [visitation] 37 parenting time to the family court, the order or judgment shall provide 38 that a copy thereof shall be filed by the plaintiff's attorney, within 39 ten days, with the clerk of the family court therein specified. 40 § 12. Paragraph (b) of subdivision 1 of section 252 of the domestic 41 relations law, as amended by chapter 526 of the laws of 2013, is amended 42 to read as follows: 43 (b) to permit a parent, or a person entitled to visitation or parent- 44 ing time by a court order or a separation agreement, to [visit] be with 45 the child at stated periods; 46 § 13. Subdivision 3 of section 252 of the domestic relations law, as 47 added by chapter 349 of the laws of 1995, is amended to read as follows: 48 3. An order of protection entered pursuant to this subdivision may be 49 made in the final judgment in any matrimonial action, or by one or more 50 orders from time to time before or subsequent to final judgment, or by 51 both such order or orders and the final judgment. The order of 52 protection may remain in effect after entry of a final matrimonial judg- 53 ment and during the minority of any child whose custody or [visitation] 54 parenting time is the subject of a provision of a final judgment or any 55 order. An order of protection may be entered notwithstanding that theS. 4600 8 1 court for any reason whatsoever, other than lack of jurisdiction, 2 refuses to grant the relief requested in the action or proceeding. 3 § 14. Subparagraph 9 of paragraph (f) of subdivision 1 of section 413 4 of the family court act, as amended by chapter 567 of the laws of 1989, 5 is amended to read as follows: 6 (9) Provided that the child is not on public assistance (i) extraor- 7 dinary expenses incurred by the non-custodial parent in exercising 8 [visitation] parenting time, or (ii) expenses incurred by the non-custo- 9 dial parent in extended [visitation] parenting time provided that the 10 custodial parent's expenses are substantially reduced as a result there- 11 of; and 12 § 15. Subdivisions (a) and (c) of section 439 of the family court act, 13 subdivision (a) as amended by section 1 of chapter 468 of the laws of 14 2012, and subdivision (c) as amended by chapter 576 of the laws of 2005, 15 are amended to read as follows: 16 (a) The chief administrator of the courts shall provide, in accordance 17 with subdivision (f) of this section, for the appointment of a suffi- 18 cient number of support magistrates to hear and determine support 19 proceedings. Except as hereinafter provided, support magistrates shall 20 be empowered to hear, determine and grant any relief within the powers 21 of the court in any proceeding under this article, articles five, 22 five-A, and five-B and sections two hundred thirty-four and two hundred 23 thirty-five of this act, and objections raised pursuant to section five 24 thousand two hundred forty-one of the civil practice law and rules. 25 Support magistrates shall not be empowered to hear, determine and grant 26 any relief with respect to issues specified in section four hundred 27 fifty-five of this article, issues of contested paternity involving 28 claims of equitable estoppel, custody, [visitation] parenting time 29 including [visitation] parenting time as a defense, and orders of 30 protection or exclusive possession of the home, which shall be referred 31 to a judge as provided in subdivision (b) or (c) of this section. Where 32 an order of filiation is issued by a judge in a paternity proceeding and 33 child support is in issue, the judge, or support magistrate upon refer- 34 ral from the judge, shall be authorized to immediately make a temporary 35 or final order of support, as applicable. A support magistrate shall 36 have the authority to hear and decide motions and issue summonses and 37 subpoenas to produce persons pursuant to section one hundred fifty-three 38 of this act, hear and decide proceedings and issue any order authorized 39 by subdivision (g) of section five thousand two hundred forty-one of the 40 civil practice law and rules, issue subpoenas to produce prisoners 41 pursuant to section two thousand three hundred two of the civil practice 42 law and rules and make a determination that any person before the 43 support magistrate is in violation of an order of the court as author- 44 ized by section one hundred fifty-six of this act subject to confirma- 45 tion by a judge of the court who shall impose any punishment for such 46 violation as provided by law. A determination by a support magistrate 47 that a person is in willful violation of an order under subdivision 48 three of section four hundred fifty-four of this article and that recom- 49 mends commitment shall be transmitted to the parties, accompanied by 50 findings of fact, but the determination shall have no force and effect 51 until confirmed by a judge of the court. 52 (c) The support magistrate, in any proceeding in which issues speci- 53 fied in section four hundred fifty-five of this [act] article, or issues 54 of custody, [visitation] parenting time, including [visitation] parent- 55 ing time as a defense, orders of protection or exclusive possession of 56 the home are present or in which paternity is contested on the groundsS. 4600 9 1 of equitable estoppel, shall make a temporary order of support and refer 2 the proceeding to a judge. Upon determination of such issue by a judge, 3 the judge may make a final determination of the issue of support, or 4 immediately refer the proceeding to a support magistrate for further 5 proceedings regarding child support or other matters within the authori- 6 ty of the support magistrate. 7 § 16. Subdivision (a) of section 439 of the family court act, as 8 amended by section 2 of chapter 468 of the laws of 2012, is amended to 9 read as follows: 10 (a) The chief administrator of the courts shall provide, in accordance 11 with subdivision (f) of this section, for the appointment of a suffi- 12 cient number of support magistrates to hear and determine support 13 proceedings. Except as hereinafter provided, support magistrates shall 14 be empowered to hear, determine and grant any relief within the powers 15 of the court in any proceeding under this article, articles five, 16 five-A, and five-B and sections two hundred thirty-four and two hundred 17 thirty-five of this act, and objections raised pursuant to section five 18 thousand two hundred forty-one of the civil practice law and rules. 19 Support magistrates shall not be empowered to hear, determine and grant 20 any relief with respect to issues specified in section four hundred 21 fifty-five of this article, issues of contested paternity involving 22 claims of equitable estoppel, custody, [visitation] parenting time 23 including [visitation] parenting time as a defense, and orders of 24 protection or exclusive possession of the home, which shall be referred 25 to a judge as provided in subdivision (b) or (c) of this section. Where 26 an order of filiation is issued by a judge in a paternity proceeding and 27 child support is in issue, the judge, or support magistrate upon refer- 28 ral from the judge, shall be authorized to immediately make a temporary 29 or final order of support, as applicable. A support magistrate shall 30 have the authority to hear and decide motions and issue summonses and 31 subpoenas to produce persons pursuant to section one hundred fifty-three 32 of this act, hear and decide proceedings and issue any order authorized 33 by subdivision (g) of section five thousand two hundred forty-one of the 34 civil practice law and rules, issue subpoenas to produce prisoners 35 pursuant to section two thousand three hundred two of the civil practice 36 law and rules and make a determination that any person before the 37 support magistrate is in violation of an order of the court as author- 38 ized by section one hundred fifty-six of this act subject to confirma- 39 tion by a judge of the court who shall impose any punishment for such 40 violation as provided by law. A determination by a support magistrate 41 that a person is in willful violation of an order under subdivision 42 three of section four hundred fifty-four of this article and that recom- 43 mends commitment shall be transmitted to the parties, accompanied by 44 findings of fact, but the determination shall have no force and effect 45 until confirmed by a judge of the court. 46 § 17. Subdivision (b) of section 446 of the family court act, as 47 amended by chapter 526 of the laws of 2013, is amended to read as 48 follows: 49 (b) to permit a parent, or a person entitled to visitation or parent- 50 ing time by a court order or a separation agreement, to [visit] be with 51 the child at stated periods; 52 § 18. Section 447 of the family court act, subdivision (a) as amended 53 by chapter 85 of the laws of 1996, is amended to read as follows: 54 § 447. Order of [visitation] parenting time. (a) In the absence of an 55 order of custody or of [visitation] parenting time entered by the 56 supreme court, the court may make an order of custody or of [visitation]S. 4600 10 1 parenting time, in accordance with subdivision one of section two 2 hundred forty of the domestic relations law, requiring one parent to 3 permit the other to [visit] be with the children at stated periods with- 4 out an order of protection, even where the parents are divorced and the 5 support order is for a child only. 6 (b) Any order of the family court under this section shall terminate 7 when the supreme court makes an order of custody or of [visitation] 8 parenting time concerning the children, unless the supreme court contin- 9 ues the order of the family court. 10 § 19. Subdivision (a) of section 456 of the family court act, as 11 amended by chapter 809 of the laws of 1963, is amended to read as 12 follows: 13 (a) No person may be placed on probation under this article unless the 14 court makes an order to that effect, either at the time of the making of 15 an order of support or under section four hundred fifty-four of this 16 part. The period of probation may continue so long as an order of 17 support, order of protection or order of [visitation] parenting time 18 applies to such person. 19 § 20. Subdivisions (a) and (b) of section 467 of the family court act, 20 as amended by chapter 40 of the laws of 1981, are amended to read as 21 follows: 22 (a) In an action for divorce, separation or annulment, the supreme 23 court may refer to the family court the determination of applications to 24 fix temporary or permanent custody or [visitation] parenting time, 25 applications to enforce judgments and orders of custody or [visitation] 26 parenting time, and applications to modify judgments and orders of 27 custody which modification may be granted only upon a showing to the 28 family court that there has been a subsequent change of circumstances 29 and that modification is required. 30 (b) In the event no such referral has been made and unless the supreme 31 court provides in the order or judgment awarding custody or [visitation] 32 parenting time in an action for divorce, separation or annulment, that 33 it may be enforced or modified only in the supreme court, the family 34 court may: (i) determine an application to enforce the order or judgment 35 awarding custody or [visitation] parenting time, or (ii) determine an 36 application to modify the order or judgment awarding custody or [visita-37tion] parenting time upon a showing that there has been a subsequent 38 change of circumstances and modification is required. 39 § 21. Section 511 of the family court act, as amended by chapter 533 40 of the laws of 1999, is amended to read as follows: 41 § 511. Jurisdiction. Except as otherwise provided, the family court 42 has exclusive original jurisdiction in proceedings to establish paterni- 43 ty and, in any such proceedings in which it makes a finding of paterni- 44 ty, to order support and to make orders of custody or of [visitation] 45 parenting time, as set forth in this article. On its own motion, the 46 court may at any time in the proceedings also direct the filing of a 47 neglect petition in accord with the provisions of article ten of this 48 act. In accordance with the provisions of section one hundred eleven-b 49 of the domestic relations law, the surrogate's court has original juris- 50 diction concurrent with the family court to determine the issues relat- 51 ing to the establishment of paternity. 52 § 22. Section 549 of the family court act, as added by chapter 952 of 53 the laws of 1971, subdivision (a) as amended by chapter 85 of the laws 54 of 1996, is amended to read as follows: 55 § 549. Order of [visitation] parenting time. (a) If an order of fili- 56 ation is made or if a paternity agreement or compromise is approved byS. 4600 11 1 the court, in the absence of an order of custody or of [visitation] 2 parenting time entered by the supreme court the family court may make an 3 order of custody or of [visitation] parenting time, in accordance with 4 subdivision one of section two hundred forty of the domestic relations 5 law, requiring one parent to permit the other to [visit] be with the 6 child or children at stated periods. 7 (b) Any order of the family court under this section shall terminate 8 when the supreme court makes an order of custody or of [visitation] 9 parenting time concerning the child or children, unless the supreme 10 court continues the order of the family court. 11 § 23. Subdivision (b) of section 551 of the family court act, as 12 amended by chapter 526 of the laws of 2013, is amended to read as 13 follows: 14 (b) to permit a parent parenting time, or a person entitled to visita- 15 tion by a court order or a separation agreement to [visit] be with the 16 child at stated periods; 17 § 24. Section 651 of the family court act, as amended by chapter 85 of 18 the laws of 1996, subdivision (b) as amended by chapter 657 of the laws 19 of 2003, subdivision (c-1) as added by chapter 567 of the laws of 2015, 20 subdivision (d) as amended by chapter 41 of the laws of 2010, subdivi- 21 sion (e) as amended by chapter 295 of the laws of 2009 and subdivision 22 (f) as added by chapter 473 of the laws of 2009, is amended to read as 23 follows: 24 § 651. Jurisdiction over habeas corpus proceedings and petitions for 25 custody [and], visitation and parenting time of minors. (a) When 26 referred from the supreme court or county court to the family court, the 27 family court has jurisdiction to determine, in accordance with subdivi- 28 sion one of section two hundred forty of the domestic relations law and 29 with the same powers possessed by the supreme court in addition to its 30 own powers, habeas corpus proceedings and proceedings brought by peti- 31 tion and order to show cause, for the determination of the custody [or], 32 visitation and parenting time of minors. 33 (b) When initiated in the family court, the family court has jurisdic- 34 tion to determine, in accordance with subdivision one of section two 35 hundred forty of the domestic relations law and with the same powers 36 possessed by the supreme court in addition to its own powers, habeas 37 corpus proceedings and proceedings brought by petition and order to show 38 cause, for the determination of the custody [or], visitation and parent- 39 ing time of minors, including applications by a grandparent or grandpar- 40 ents for visitation or custody rights pursuant to section seventy-two or 41 two hundred forty of the domestic relations law. 42 (c) When initiated in the family court pursuant to a petition under 43 part eight of article ten of this act or section three hundred fifty- 44 eight-a of the social services law, the family court has jurisdiction to 45 enforce or modify orders or judgments of the supreme court relating to 46 the [visitation] parenting time of minors in foster care, notwithstand- 47 ing any limitation contained in subdivision (b) of section four hundred 48 sixty-seven of this act. 49 (c-1) Where a proceeding filed pursuant to article ten or ten-A of 50 this act is pending at the same time as a proceeding brought in the 51 family court pursuant to this article, the court presiding over the 52 proceeding under article ten or ten-A of this act may jointly hear the 53 hearing on the custody [and], visitation, and parenting time petition 54 under this article and the dispositional hearing on the petition under 55 article ten or the permanency hearing under article ten-A of this act; 56 provided, however, the court must determine the custody [and], visita-S. 4600 12 1 tion and parenting time petition in accordance with the terms of this 2 article. 3 (d) With respect to applications by a grandparent or grandparents for 4 visitation or custody rights, made pursuant to section seventy-two or 5 two hundred forty of the domestic relations law, with a child remanded 6 or placed in the care of a person, official, agency or institution 7 pursuant to the provisions of article ten of this act, the applicant, in 8 such manner as the court shall prescribe, shall serve a copy of the 9 application upon the social services official having care and custody of 10 such child, and the child's attorney, who shall be afforded an opportu- 11 nity to be heard thereon. 12 (e) 1. Permanent and initial temporary orders of custody or [visita-13tion] parenting time. Prior to the issuance of any permanent or initial 14 temporary order of custody or [visitation] parenting time, the court 15 shall conduct a review of the decisions and reports listed in paragraph 16 three of this subdivision. 17 2. Successive temporary orders of custody or [visitation] parenting 18 time. Prior to the issuance of any successive temporary order of custo- 19 dy or [visitation] parenting time, the court shall conduct a review of 20 the decisions and reports listed in paragraph three of this subdivision, 21 unless such a review has been conducted within ninety days prior to the 22 issuance of such order. 23 3. Decisions and reports for review. The court shall conduct a review 24 of the following: 25 (i) related decisions in court proceedings initiated pursuant to arti- 26 cle ten of this act, and all warrants issued under this act; and 27 (ii) reports of the statewide computerized registry of orders of 28 protection established and maintained pursuant to section two hundred 29 twenty-one-a of the executive law, and reports of the sex offender 30 registry established and maintained pursuant to section one hundred 31 sixty-eight-b of the correction law. 32 4. Notifying counsel and issuing orders. Upon consideration of deci- 33 sions pursuant to article ten of this act, and registry reports and 34 notifying counsel involved in the proceeding, or in the event of a self- 35 represented party, notifying such party of the results thereof, includ- 36 ing any court appointed attorney for children, the court may issue a 37 temporary, successive temporary or final order of custody or [visita-38tion] parenting time. 39 5. Temporary emergency order. Notwithstanding any other provision of 40 the law, upon emergency situations, including computer malfunctions, to 41 serve the best interest of the child, the court may issue a temporary 42 emergency order for custody or [visitation] parenting time in the event 43 that it is not possible to timely review decisions and reports on regis- 44 tries as required pursuant to paragraph three of this subdivision. 45 6. After issuing a temporary emergency order. After issuing a tempo- 46 rary emergency order of custody or [visitation] parenting time, the 47 court shall conduct reviews of the decisions and reports on registries 48 as required pursuant to paragraph three of this subdivision within twen- 49 ty-four hours of the issuance of such temporary emergency order. Should 50 such twenty-four hour period fall on a day when court is not in session, 51 then the required reviews shall take place the next day the court is in 52 session. Upon reviewing decisions and reports the court shall notify 53 associated counsel, self-represented parties and attorneys for children 54 pursuant to paragraph four of this subdivision and may issue temporary 55 or permanent custody or [visitation] parenting time orders.S. 4600 13 1 7. Feasibility study. The commissioner of the office of children and 2 family services, in conjunction with the office of court administration, 3 is hereby authorized and directed to examine, study, evaluate and make 4 recommendations concerning the feasibility of the utilization of comput- 5 ers in family courts which are connected to the statewide central regis- 6 ter of child abuse and maltreatment established and maintained pursuant 7 to section four hundred twenty-two of the social services law, as a 8 means of providing family courts with information regarding parties 9 requesting orders of custody or [visitation] parenting time. Such 10 commissioner shall make a preliminary report to the governor and the 11 legislature of findings, conclusions and recommendations not later than 12 January thirty-first, two thousand nine, and a final report of findings, 13 conclusions and recommendations not later than June first, two thousand 14 nine, and shall submit with the reports such legislative proposals as 15 are deemed necessary to implement the commissioner's recommendations. 16 (f) Military service by parent; effect on child custody orders. 1. 17 During the period of time that a parent is activated, deployed or tempo- 18 rarily assigned to military service, such that the parent's ability to 19 continue as a joint caretaker or the primary caretaker of a minor child 20 is materially affected by such military service, any orders issued 21 pursuant to this section, based on the fact that the parent is acti- 22 vated, deployed or temporarily assigned to military service, which would 23 materially affect or change a previous judgment or order regarding 24 custody of that parent's child or children as such judgment or order 25 existed on the date the parent was activated, deployed, or temporarily 26 assigned to military service, shall be subject to review pursuant to 27 paragraph three of this subdivision. Any relevant provisions of the 28 Service Member's Civil Relief Act shall apply to all proceedings 29 governed by this section. 30 2. During such period, the court may enter an order to modify custody 31 if there is clear and convincing evidence that the modification is in 32 the best interests of the child. An attorney for the child shall be 33 appointed in all cases where a modification is sought during such mili- 34 tary service. Such order shall be subject to review pursuant to para- 35 graph three of this subdivision. When entering an order pursuant to this 36 section, the court shall consider and provide for, if feasible and if in 37 the best interests of the child, contact between the military service 38 member and his or her child including, but not limited to, electronic 39 communication by e-mail, webcam, telephone, or other available means. 40 During the period of the parent's leave from military service, the court 41 shall consider the best interests of the child when establishing a 42 parenting schedule, including visiting and other contact. For such 43 purpose, a "leave from military service" shall be a period of not more 44 than three months. 45 3. Unless the parties have otherwise stipulated or agreed, if an order 46 is issued pursuant to this subdivision, the return of the parent from 47 active military service, deployment or temporary assignment shall be 48 considered a substantial change in circumstances. Upon the request of 49 either parent, the court shall determine on the basis of the child's 50 best interests whether the custody judgment or order previously in 51 effect should be modified. 52 4. This subdivision shall not apply to assignments to permanent duty 53 stations or permanent changes of station. 54 § 25. Section 651-a of the family court act, as amended by chapter 12 55 of the laws of 1996, is amended to read as follows:S. 4600 14 1 § 651-a. Reports of child abuse and maltreatment; admissibility. In 2 any proceeding brought pursuant to this section to determine the custody 3 [or], visitation or parenting time of minors, a report made to the 4 statewide central register of child abuse and maltreatment, pursuant to 5 title six of article six of the social services law, or a portion there- 6 of, which is otherwise admissible as a business record pursuant to rule 7 forty-five hundred eighteen of the civil practice law and rules shall 8 not be admissible in evidence, notwithstanding such rule, unless an 9 investigation of such report conducted pursuant to title six of article 10 six of the social services law has determined that there is some credi- 11 ble evidence of the alleged abuse or maltreatment, that the subject of 12 the report has been notified that the report is indicated. In addition, 13 if such report has been reviewed by the [state] commissioner of [social] 14 the office of children and family services or his designee and has been 15 determined to be unfounded, it shall not be admissible in evidence. If 16 such report has been so reviewed and has been amended to delete any 17 finding, each such deleted finding shall not be admissible. If the 18 [state] commissioner of [social] the office of children and family 19 services or his designee has amended the report to add any new finding, 20 each such new finding, together with any portion of the original report 21 not deleted by [the] such commissioner or his designee, shall be admis- 22 sible if it meets the other requirements of this section and is other- 23 wise admissible as a business record. If such a report, or portion ther- 24 eof, is admissible in evidence but is uncorroborated, it shall not be 25 sufficient to make a fact finding of abuse or maltreatment in such 26 proceeding. Any other evidence tending to support the reliability of 27 such report shall be sufficient corroboration. 28 § 26. Subdivisions (a) and (b) of section 652 of the family court act, 29 as amended by chapter 40 of the laws of 1981, are amended to read as 30 follows: 31 (a) When referred from the supreme court to the family court, the 32 family court has jurisdiction to determine, with the same powers 33 possessed by the supreme court, applications to fix temporary or perma- 34 nent custody and applications to modify judgments and orders of custody 35 or [visitation] parenting time in actions and proceedings for marital 36 separation, divorce, annulment of marriage and dissolution of marriage. 37 Applications to modify judgments and orders of custody may be granted by 38 the family court under this section only upon the showing to the family 39 court that there has been a subsequent change of circumstances and that 40 modification is required. 41 (b) In the event no such referral has been made and unless the supreme 42 court provides in the order or judgment awarding custody or [visitation] 43 parenting time in an action for divorce, separation or annulment, that 44 it may be enforced or modified only in the supreme court, the family 45 court may: (i) determine an application to enforce the order or judgment 46 awarding custody or [visitation] parenting time, or (ii) determine an 47 application to modify the order or judgment awarding custody or [visita-48tion] parenting time upon a showing that there has been a subsequent 49 change of circumstances and modification is required. 50 § 27. Subdivision (b) of section 656 of the family court act, as 51 amended by chapter 526 of the laws of 2013, is amended to read as 52 follows: 53 (b) to permit a parent parenting time, or a person entitled to visita- 54 tion by a court order or a separation agreement, to [visit] be with the 55 child at stated periods;S. 4600 15 1 § 28. Subdivision (b) of section 759 of the family court act, as 2 amended by chapter 483 of the laws of 1995, is amended to read as 3 follows: 4 (b) to permit a parent parenting time, or a person entitled to visita- 5 tion by a court order or a separation agreement, to [visit] be with the 6 child at stated periods; 7 § 29. Subdivision (b) of section 842 of the family court act, as 8 amended by chapter 526 of the laws of 2013, is amended to read as 9 follows: 10 (b) to permit a parent parenting time, or a person entitled to visita- 11 tion by a court order or a separation agreement, to [visit] be with the 12 child at stated periods; 13 § 30. Section 119 of the family court act is amended by adding two new 14 subdivisions (d) and (e) to read as follows: 15 (d) "Visitation" refers to time permitted to be spent with a child 16 pursuant to a court order under this chapter, the family court act or an 17 order enforced under article five-A of this chapter, by a person who is 18 not a parent of the child. This shall include grandparents, siblings and 19 step-parents. 20 (e) "Parenting time" refers to the period of time that a parent may 21 spend with his or her child pursuant to a court order under this chap- 22 ter, the family court act or an order enforced under article five-A of 23 this chapter. 24 § 31. This act shall take effect immediately, provided that the amend- 25 ments to subdivision (a) of section 439 of the family court act made by 26 section fifteen of this act shall be subject to the expiration and 27 reversion of such subdivision pursuant to section 246 of chapter 81 of 28 the laws of 1995, as amended, when upon such date the provisions of 29 section sixteen of this act shall take effect.