§ 240. Custody and child support; orders of protection. 1. (a) In any\naction or proceeding brought (1) to annul a marriage or to declare the\nnullity of a void marriage, or (2) for a separation, or (3) for a\ndivorce, or (4) to obtain, by a writ of habeas corpus or by petition and\norder to show cause, the custody of or right to visitation with any\nchild of a marriage, the court shall require verification of the status\nof any child of the marriage with respect to such child's custody and\nsupport, including any prior orders, and shall enter orders for custody\nand support as, in the court's discretion, justice requires, having\nregard to the circumstances of the case and of the respective parties\nand to the best interests of the child and subject to the provisions of\nsubdivision one-c of this section. Where either party to an action\nconcerning custody of or a right to visitation with a child alleges in a\nsworn petition or complaint or sworn answer, cross-petition,\ncounterclaim or other sworn responsive pleading that the other party has\ncommitted an act of domestic violence against the party making the\nallegation or a family or household member of either party, as such\nfamily or household member is defined in article eight of the family\ncourt act, and such allegations are proven by a preponderance of the\nevidence, the court must consider the effect of such domestic violence\nupon the best interests of the child, together with such other facts and\ncircumstances as the court deems relevant in making a direction pursuant\nto this section and state on the record how such findings, facts and\ncircumstances factored into the direction. If a parent makes a good\nfaith allegation based on a reasonable belief supported by facts that\nthe child is the victim of child abuse, child neglect, or the effects of\ndomestic violence, and if that parent acts lawfully and in good faith in\nresponse to that reasonable belief to protect the child or seek\ntreatment for the child, then that parent shall not be deprived of\ncustody, visitation or contact with the child, or restricted in custody,\nvisitation or contact, based solely on that belief or the reasonable\nactions taken based on that belief. If an allegation that a child is\nabused is supported by a preponderance of the evidence, then the court\nshall consider such evidence of abuse in determining the visitation\narrangement that is in the best interest of the child, and the court\nshall not place a child in the custody of a parent who presents a\nsubstantial risk of harm to that child, and shall state on the record\nhow such findings were factored into the determination. Where a\nproceeding filed pursuant to article ten or ten-A of the family court\nact is pending at the same time as a proceeding brought in the supreme\ncourt involving the custody of, or right to visitation with, any child\nof a marriage, the court presiding over the proceeding under article ten\nor ten-A of the family court act may jointly hear the dispositional\nhearing on the petition under article ten or the permanency hearing\nunder article ten-A of the family court act and, upon referral from the\nsupreme court, the hearing to resolve the matter of custody or\nvisitation in the proceeding pending in the supreme court; provided\nhowever, the court must determine custody or visitation in accordance\nwith the terms of this section.\n An order directing the payment of child support shall contain the\nsocial security numbers of the named parties. In all cases there shall\nbe no prima facie right to the custody of the child in either parent.\nSuch direction shall make provision for child support out of the\nproperty of either or both parents. The court shall make its award for\nchild support pursuant to subdivision one-b of this section. Such\ndirection may provide for reasonable visitation rights to the maternal\nand/or paternal grandparents of any child of the parties. Such direction\nas it applies to rights
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.