Amends provisions of various laws to change term "visitation" to "parenting time" regarding custody orders

1 Co-sponsor

• Kathleen A. Marchione

BILL NUMBER:S892A

Title of bill

An act to amend the domestic relations law and the fami- ly court act, in relation to changing the denotation of visitation to parenting time

Purpose

This bill replaces the term "visitation" in relation to time spent with non-custodial parents with the term "parenting time" in the Domestic Relations Law and the Family Court Act.

Summary of provisions

Section 1 declares the legislative intent of the bill.

Section 1-a provides definitions for "visitation" and "parenting time."

Sections 2 through 13 amend various provisions of the Domestic Relations Law by changing references to "visitation" to "parenting time."

Sections 14 through 29 amend various provisions of the Family Court Act by changing references to "visitation" to "parenting time."

Section 30 amends the Family Court Act by adding definitions for "visi- tation" and "parenting time."

Section 31 This act shall take effect immediately, with provisions.

Justification

In 2006, the Judiciary's Matrimonial Commission, chaired by the Honorable Sondra Miller, recommended replacing the term "visita- tion" with "Parenting time" in appropriate law. This is meant to reflect a "cultural change" away from viewing time spent with a parent as "visi- tation" and instead as meaningful time spent with a parent. Children "visit" the zoo, or the dentist, or the park; they do not "visit" their mother or father. In addition, "visitation" is often associated with the visiting of inmates at correctional facilities and prisons, an inappro- priate association for the time spent by a parent with his or her child. New York State law should reflect this reality.

The misuse of "visitation" to describe time spent by a parent with his or her child has implications far beyond legal court documents. Nega- tive Perceptions of this time caused by visitation's "inappropriately pejorative meaning," in the words of the Honorable A. Gail Prudenti, can harm relations between a child and his or her non-custodial parent post- divorce. The inherent harmfulness of the phrase can also contribute to acrimony in divorce cases. "Parenting time," unlike "visitation," accu- rately reflects how meaningful and important time with both parents is in the life of a child. Many other states, including Oregon, New Jersey, and Michigan, have already instituted such a change in terminology. The inclusion of "parenting time" in New York law will follow the national trend to improve post-divorce relations among all parties.

Legislative history

2011-12: S.7807 Died in Rules 2007-2008: S.1074 (Saland) - Referred to Social Services, Children and Families 2005-2006: S.468 (Saland)Referred to Social Services, Children and Fami- lies 2003-2004: S.1916 (Saland) - Passed Senate 2001-2002: S.4893A (Saland) - Passed Senate 1999-2000: S.2720 (Saland) - Referred to Children and Families 1997-1998: S.4519B (Saland) - Passed Senate

Fiscal implications

None to the state.

Effective date

The act shall take effect immediately, provided that the amendments to subdivision (a) of section 439 of the Family Court Act made by section fifteen of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 246 of Chapter 81 of the laws of 1995, as amended, when upon such date the provisions of section sixteen of this act shall take effect.