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S1230Senate2013-2014 SessionSame asA3986

Creates the parent-mediation program for child custody disputes

Sponsor Bill PerkinsSD-30Affects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Sponsors

Primary sponsor
Bill Perkins

Senator · Senate District 30

No co-sponsors yet.

History

  1. Referred to judiciary
  2. 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.

A3986Assembly

Creates the parent-mediation program for child custody disputes

In Assembly Committee · Judiciary · Sponsor Annette Robinson

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S1230

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 custody disputes. § 76-d of this new article would establish a mediation process for custody disputes and § 76-e provides for training for mediators.

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 considered. 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 separation 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

2011-12: S.1473 Referred to Judiciary 2009-10: S.244 Referred to Judiciary 2007-08: A.3458/S.2913 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 immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.