Enacts the child custody reform act

3 Co-sponsors

• Vincent L. Leibell
• Betty Little
• George D. Maziarz

Title of bill

An act to amend the domestic relations law, in relation to the child custody and support decision-making process

Purpose

This bill adds a new Domestic Relations Law section 242 to create a uniform state-wide child custody dispute resolution system. This bill will help to encourage the settlement of custody and parenting disputes expeditiously, voluntarily, and without adversarial (and costly) litigation. It will also foster involvement of parents who are in the process of separating, divorcing or who have been divorced or separated, are in parenting arrangements and provide for such child's financial support.

Summary of provisions

The Child Custody Reform Act creates a unified procedure for custody and parenting disputes in the Supreme and Family Courts. Under this bill, the same judge will hear all aspects of custody and parenting disputes and will conduct a planning conference no later than the initial court appearance or hearing date, which ever is earlier. If the parties can not agree on custody or a parenting plan, the judge will refer the dispute to mediation, unless the judge determines that mediation is inappropriate. This amended bill has instituted safeguards to ensure that both parties to the mediation process have parity in negotiating position so that domestic violence and abusive habits will not enter into the mediation process. The bill further defines the types of issues that are not appropriate for mediation.

Sections 1 and 2: Enacts Child Custody Reform Act and provides for Legislative Intent.

Section 3: Adds Domestic Relations Law section 242. This section includes a: - Definitions section - Pre-trial procedures - Judicial management procedures - Determination in custody, parenting and support disputes.

This amended bill is much more concise that the initial bill. In addition, it reflects public comments that safeguards needed to be instituted in the bill so that mediation only Occurs between parties that are not in an abusive relationship and that there is parity in the negotiating power of each party so that the mediation process and results will be fair and equitable. Also, the mediation services will be provided based on a scheduled fee chart to minimize the fiscal impact on the Court system.

Existing law

The dispute resolution system is currently being used in various judicial districts on a pilot project basis.

Justification

Children suffer significant emotional, financial and educational harm when thrown into a crisis due to parental separation or divorce. This pain can be minimized, in certain circumstances, if both parents remain involved in establishing post separation or divorce parenting plans that the parents craft themselves. Mediation facilitates the development of such plans. Adversarial litigation about children tend to further alienate parents and children from each other, is more expensive, and does not encourage parental cooperation.

This bill establishes a uniform procedural system for resolving custody and parenting disputes in an amicable manner. Currently, a number of New York Courts are incorporating mediation into their court resolution procedures. This can be an effective way to reduce crowded court calendars and make courts more attentive to individual needs. This bill would provide a statewide uniform process to facilitate the use of mediation services. It does not change the substantive rules under which courts allocate custody if the parents can not settle the disputes themselves.

Legislative history

A.1913/S.6494 of 2002, S.344-B of 2007/2008

Fiscal implications

To be determined.

Local fiscal implications

To be determined.

Effective date

Immediate.