Prohibits certain forensic child custody evaluators from appearing as an expert witness in family court

Latest action Jan 7, 2026

Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.

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Where it stands

Passed one of the two chambers; it still needs the other.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Amends the Domestic Relations Law.

Committee

Children and Families · New York State Assembly

Also referred to Children And Families · New York State Senate, Judiciary · New York State Assembly, Judiciary · New York State Senate.

Purpose, from the sponsor's memo

Prohibits certain forensic child custody evaluators from appearing as an expert witness in family court.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Committee vote · Rules
Senate RulesJun 10, 2025Result: passed
(19) (0) (0) (2)
Vote: Floor vote
NY SenateJun 10, 2025Result: passed
(58) (0) (0) (5)

Cosponsors

Anthony H. Palumbo, Cordell Cleare and 5 more on Agora

Democratic5
Republican2

See the full list on nysenate.gov

The sponsor's argument

Why Pete Harckham says this is needed

Forensic custody evaluations are in-depth analyses used by courts as evidence to help to determine child custody and parenting time. In 2021, the State's Blue-Ribbon Commission on Forensic Child Custody Evalu- ations, (The Commission) investigated the court's use of forensic child custody evaluators after hearing from stakeholders who reported negative experiences. Such report concluded that statewide there is no consistent approach regarding who may act as a forensic custody evaluator, how evaluators should conduct these evaluations, or how incompetent or unethical evaluations may be subject to review. Over the last five years, New York has lost 20 children who were murdered by their own parent while they were going through a divorce, child custody proceedings, or separation. Additionally, there have been reports of children being placed back in care with parents who are not fit to have custody or visitation. It is vital that we ensure that those who act as forensic child custody evaluators are strictly defined by law and are using best practices. This bill seeks to ensure that forensic child custody evaluators as defined by this act are not able to be used in court as an expert witness nor will their forensic reports be admis- sible when they have been removed from a previous position or had their license revoked.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

Jan 7, 2026
Died in Assembly
DIED IN ASSEMBLY
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO CHILDREN AND FAMILIES
NY Senate
Jun 10, 2025
In committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
NY Senate
Jun 10, 2025
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Jun 10, 2025
Ordered to Third Reading CAL.1730
ORDERED TO THIRD READING CAL.1730
NY Senate

Show full history (3 earlier events)

Jun 10, 2025
Passed a chamber
PASSED SENATE
NY Senate
Jun 10, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
Jan 13, 2025
Referred to committee
REFERRED TO CHILDREN AND FAMILIES
NY Senate

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Cosponsors: The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Party colors: Parties are shown in the same neutral colors.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 31, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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