Provides that the judge shall not prohibit a parent from undergoing gender reassignment.
Impact
The enactment of S07451 would potentially lead to more equitable treatment of parents undergoing gender transitions during custody evaluations. Removing such considerations from court deliberations aims to prevent biases that may negatively affect custody outcomes for LGBTQ+ parents. This change aligns with broader efforts in New York to enhance protections and support for marginalized communities, particularly those identifying outside traditional gender norms.
Summary
Bill S07451 proposes an amendment to the domestic relations law regarding the custody of children in New York. It mandates that courts, when determining the best interests of a child, shall not consider the sex, sexual orientation, gender identity, or gender expression of the parties involved. Furthermore, it expressly prohibits courts from restricting a parent's right to undergo gender reassignment. This bill represents a significant shift towards inclusivity and non-discrimination in custody determinations, reflecting changing societal norms surrounding gender identity and family dynamics.
Contention
While proponents of the bill argue that it promotes fairness and recognizes the identities of all parents, there may be contention regarding its implications. Opponents could argue that the proposed changes might overlook specific circumstances where the child's environment is of discussable concern due to the parent's gender identity transition. Thus, there is a delicate balance to be maintained between protecting parental rights and ensuring the child’s welfare is the central focus of custody discussions.
Factors domestic violence convictions into family court decisions regarding visitation, custody and parental rights; provides that any parent undergoing mandatory, batterer specific rehabilitation measures shall only be granted supervised visitation.
Prohibits the confinement of farm animals in a cruel manner; provides that anyone who violates such cruel confinement prohibitions shall be guilty of a misdemeanor.
Prohibits the taking of zoo, petting zoo, carnival or circus animals; provides that violations shall be punishable by a fine of not less than five hundred dollars nor more than two thousand dollars.
Provides that an action on a money judgment shall be commenced within three years and shall be presumed to be paid and satisfied after the expiration of three years from the time when the party recovering the judgment was first entitled to enforce it.
Increases the penalties for overtaking and passing a school bus; provides that for the first conviction a person shall be punished by a fine of not less than $350 nor more than $500; provides that for a second conviction a person shall be punished by a fine of not less than $500 nor more than $800; also provides that for a third conviction a person shall be punished by a fine of not less than $800 nor more than $1000.
Provides that for settlements that require a court order, the order, or the judgment in a special proceeding, shall provide for the payment of interest on the settlement amount at the statutory interest rate on judgments.
Provides that for settlements that require a court order, the order, or the judgment in a special proceeding, shall provide for the payment of interest on the settlement amount at the statutory interest rate on judgments.
Establishes confirmatory adoptions allowing adoption and parentage judgements for a child with more than two parents; recognizes functional parents as legal parents; allows "de facto parents" to get a court order confirming their parentage; grants all legal parents standing to seek visitation or custody of their children.
Establishes confirmatory adoptions allowing adoption and parentage judgements for a child with more than two parents; recognizes functional parents as legal parents; allows "de facto parents" to get a court order confirming their parentage; grants all legal parents standing to seek visitation or custody of their children.