S 8860

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   8860
                             I N  S E N A T E
                             January 12, 2026
                                ___________
 Introduced  by  Sen.  MAY  --  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  prohibiting
   the  consideration of evidence that either parent has ever obtained or
   attempted to obtain  reproductive  health  services  relating  to  the
   termination of a pregnancy in certain legal proceedings
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Subdivision (a) of section 70  of  the  domestic  relations
 law,  as  amended by chapter 457 of the laws of 1988, is amended to read
 as follows:
   (a) Where a minor child is residing within this state,  either  parent
 may  apply to the supreme court for a writ of habeas corpus to have such
 minor child brought before such court; and on the  return  thereof,  the
 court,  on due consideration, may award the natural guardianship, charge
 and custody of such child to either parent for  such  time,  under  such
 regulations  and  restrictions, and with such provisions and directions,
 as the case may require, and may at any time thereafter vacate or modify
 such order. In all cases there shall be no  prima  facie  right  to  the
 custody  of  the  child  in either parent, but the court shall determine
 solely what is for the best interest of the child, and  what  will  best
 promote  its  welfare  and  happiness,  and make award accordingly.   IN
 MAKING A DETERMINATION OF THE BEST INTEREST OF  THE  CHILD  PURSUANT  TO
 THIS  SECTION,  THE COURT SHALL NOT CONSIDER EVIDENCE THAT EITHER PARENT
 HAS EVER OBTAINED OR ATTEMPTED TO OBTAIN REPRODUCTIVE  HEALTH  SERVICES.
 FOR  THE  PURPOSES  OF  THIS SECTION, REPRODUCTIVE HEALTH SERVICES MEANS
 HEALTH CARE SERVICES PROVIDED IN A HOSPITAL, CLINIC, PHYSICIAN'S  OFFICE
 OR OTHER FACILITY AND INCLUDES MEDICAL, SURGICAL, COUNSELING OR REFERRAL
 SERVICES  RELATING  TO THE HUMAN REPRODUCTIVE SYSTEM, INCLUDING SERVICES
 RELATING TO PREGNANCY OR THE TERMINATION OF A PREGNANCY.
   § 2. Paragraph (a) of subdivision 1 of section  240  of  the  domestic
 relations law, as amended by chapter 567 of the laws of 2015, is amended
 to read as follows:
   (a)  In any action or proceeding brought (1) to annul a marriage or to
 declare the nullity of a void marriage, or (2) for a separation, or  (3)
 for  a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
 tion and order to show cause, the custody of or right to visitation with
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07348-01-5
 S. 8860                             2
 any child of a marriage, the court shall  require  verification  of  the
 status of any child of the marriage with respect to such child's custody
 and  support,  including  any  prior  orders, and shall enter orders for
 custody  and  support  as,  in the court's discretion, justice requires,
 having regard to the circumstances of the case  and  of  the  respective
 parties  and  to  the  best  interests  of  the child and subject to the
 provisions of subdivision one-c of this section. IN  MAKING  A  DETERMI-
 NATION  OF  THE BEST INTEREST OF THE CHILD PURSUANT TO THIS SECTION, THE
 COURT SHALL NOT CONSIDER EVIDENCE THAT EITHER PARENT HAS  EVER  OBTAINED
 OR ATTEMPTED TO OBTAIN REPRODUCTIVE HEALTH SERVICES. FOR THE PURPOSES OF
 THIS  SECTION,  REPRODUCTIVE  HEALTH SERVICES MEANS HEALTH CARE SERVICES
 PROVIDED IN A HOSPITAL, CLINIC, PHYSICIAN'S OFFICE OR OTHER FACILITY AND
 INCLUDES MEDICAL, SURGICAL, COUNSELING OR REFERRAL SERVICES RELATING  TO
 THE  HUMAN REPRODUCTIVE SYSTEM, INCLUDING SERVICES RELATING TO PREGNANCY
 OR THE TERMINATION OF A PREGNANCY.  Where  either  party  to  an  action
 concerning custody of or a right to visitation with a child alleges in a
 sworn  petition  or  complaint or sworn answer, cross-petition, counter-
 claim or other sworn  responsive  pleading  that  the  other  party  has
 committed an act of domestic violence against the party making the alle-
 gation  or  a family or household member of either party, as such family
 or household member is defined in article eight of the family court act,
 and such allegations are proven by a preponderance of the evidence,  the
 court  must  consider the effect of such domestic violence upon the best
 interests of the child, together with such other facts and circumstances
 as the court deems relevant in  making  a  direction  pursuant  to  this
 section  and  state  on  the record how such findings, facts and circum-
 stances factored into the direction. If a  parent  makes  a  good  faith
 allegation  based  on  a  reasonable  belief supported by facts that the
 child is the victim of child abuse, child neglect,  or  the  effects  of
 domestic violence, and if that parent acts lawfully and in good faith in
 response  to  that reasonable belief to protect the child or seek treat-
 ment for the child, then that parent shall not be deprived  of  custody,
 visitation  or contact with the child, or restricted in custody, visita-
 tion or contact, based solely on that belief or the  reasonable  actions
 taken  based  on that belief. If an allegation that a child is abused is
 supported by a preponderance of  the  evidence,  then  the  court  shall
 consider  such  evidence of abuse in determining the visitation arrange-
 ment that is in the best interest of the child, and the court shall  not
 place a child in the custody of a parent who presents a substantial risk
 of  harm  to that child, and shall state on the record how such findings
 were factored into the determination. Where a proceeding filed  pursuant
 to  article  ten or ten-A of the family court act is pending at the same
 time as a proceeding brought in the supreme court involving the  custody
 of,  or  right  to  visitation  with, any child of a marriage, the court
 presiding over the proceeding under article ten or ten-A of  the  family
 court  act  may  jointly  hear the dispositional hearing on the petition
 under article ten or the permanency hearing under article ten-A  of  the
 family  court act and, upon referral from the supreme court, the hearing
 to resolve the matter of custody or visitation in the proceeding pending
 in the supreme court; provided however, the court must determine custody
 or visitation in accordance with the terms of this section.
   An order directing the payment of  child  support  shall  contain  the
 social  security  numbers of the named parties. In all cases there shall
 be no prima facie right to the custody of the child  in  either  parent.
 Such direction shall make provision for child support out of the proper-
 ty  of  either or both parents. The court shall make its award for child
 S. 8860                             3
 support pursuant to subdivision one-b of this  section.  Such  direction
 may  provide  for  reasonable  visitation  rights to the maternal and/or
 paternal grandparents of any child of the parties. Such direction as  it
 applies  to  rights of visitation with a child remanded or placed in the
 care of a person, official, agency or institution  pursuant  to  article
 ten of the family court act, or pursuant to an instrument approved under
 section three hundred fifty-eight-a of the social services law, shall be
 enforceable  pursuant  to  part eight of article ten of the family court
 act and sections three hundred fifty-eight-a and three  hundred  eighty-
 four-a of the social services law and other applicable provisions of law
 against any person having care and custody, or temporary care and custo-
 dy,  of the child. Notwithstanding any other provision of law, any writ-
 ten application or motion to the court for the establishment,  modifica-
 tion  or  enforcement  of  a child support obligation for persons not in
 receipt of public assistance and care must contain either a request  for
 child  support enforcement services which would authorize the collection
 of the support  obligation  by  the  immediate  issuance  of  an  income
 execution  for  support  enforcement  as  provided  for by this chapter,
 completed in the manner specified in section one hundred eleven-g of the
 social services law; or a statement that the applicant has  applied  for
 or  is  in  receipt  of such services; or a statement that the applicant
 knows of the availability of such services, has declined  them  at  this
 time  and  where  support  enforcement  services pursuant to section one
 hundred eleven-g of the social services law have been declined that  the
 applicant  understands  that  an  income  deduction  order may be issued
 pursuant to subdivision (c) of section fifty-two  hundred  forty-two  of
 the civil practice law and rules without other child support enforcement
 services  and that payment of an administrative fee may be required. The
 court shall provide a  copy  of  any  such  request  for  child  support
 enforcement  services  to the support collection unit of the appropriate
 social services district any time it directs payments to be made to such
 support collection unit. Additionally, the  copy  of  any  such  request
 shall  be accompanied by the name, address and social security number of
 the parties; the date and place of the parties' marriage; the  name  and
 date  of birth of the child or children; and the name and address of the
 employers and income payors of the party  from  whom  child  support  is
 sought  or  from  the  party  ordered  to pay child support to the other
 party. Such direction may require the payment of a sum or sums of  money
 either directly to the custodial parent or to third persons for goods or
 services furnished for such child, or for both payments to the custodial
 parent  and  to  such  third persons; provided, however, that unless the
 party seeking or receiving child support has applied for or is receiving
 such services, the court shall not direct such payments to  be  made  to
 the  support  collection  unit,  as  established  in section one hundred
 eleven-h of the social services law. Every order directing  the  payment
 of support shall require that if either parent currently, or at any time
 in  the  future,  has  health  insurance  benefits available that may be
 extended or obtained to cover the child,  such  parent  is  required  to
 exercise  the  option  of additional coverage in favor of such child and
 execute and deliver to such person  any  forms,  notices,  documents  or
 instruments  necessary  to assure timely payment of any health insurance
 claims for such child.
   § 3. This act shall take effect immediately.