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History
- Held for consideration in judiciary
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Creates the parent-mediation program for child custody disputes
In Senate Committee · Judiciary · Sponsor Bill Perkins
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A331
Title of bill
An act to amend the domestic relations law, in relation to the establishment and use of a parent-mediation program for child custody disputes
Purpose
To create a mediation program to parents who are involved in a child custody dispute.
Summary of provisions
Amends the Domestic Relations Law (DRL) by adding a new Article 5-B, creating a parent-mediation program for custo- dy disputes. § 76-d of this new article would establish a mediation process for custody disputes and § 76-e provides for training for media- tors.
Justification
This bill would allow parents who are involved in a custody dispute to resolve their conflicts in a neutral setting taking into consideration the best interests of the child (or children) involved in the dispute. This mediation program will allow sufficient time for all parties involved to receive orientation to the process, allow them to participate fully in the mediation program, and be able to develop a comprehensive parenting plan without unduly compromising each party's right to due process and a timely resolution of the issues.
New York State Family Courts are inundated with child custody cases that are often very contentious. With the large influx of child custody cases within the court system, decisions may be made hastily and the best interests of the child (or children) involved may not be fully consid- ered. This program allows for resolution outside of the courtroom, reducing the caseload burden on the court system.
In addition to the custody disputes, the parents involved are often experiencing the emotional and financial stress associated with sepa- ration or divorce. The parent-mediation program offers an opportunity to settle child custody disputes amicably. It would allow parents the opportunity to gain more control over parental arrangements, as well as determining what is best for their child (or children). Working through the mediation process, outside of the courts, will help to reduce the stress already associated with this difficult situation.
Child Custody mediation programs have been implemented in several states including California, North Carolina and Pennsylvania. Programs of this nature have proven to be successful in resolving parental disputes regarding child custody by offering a neutral setting where each person's right to due process and confidentiality is protected, and the needs of the children can be met.
Fiscal implications
To be determined.
Legislative history
2007-08: A.3458/S2913 Died in Committee 2003-04: S.2185 Referred to Children and Families 2001-02: S.3709A Referred to Children and Families
Effective date
Takes effect 180 days after it has been enacted.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.