BILL NUMBER: S5572
SPONSOR: LANZA
 
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 creates 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) liti-
gation. It will also foster involvement of parents who are in the proc-
ess 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 cannot
agree on custody or a parenting plan, the judge will refer the dispute
to mediation, unless the judge determines that mediation is inappropri-
ate. 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 medi-
tation 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 addi-
tion, it reflects public comments that safeguards needed to be insti-
tuted in the bill so that mediation only occurs between parties that are
not in an abusive relationship and that there is parity in the negotiat-
ing 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. Also, the amended bill simplifies the appointment of
members to the advisory committee. Such committee is to be appointed by
the Chief Administrator to the Office of Court Administration.
 
EXISTING LAW:
The dispute resolution system is, currently being used in various judi-
cial 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 tends 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 calen-
dars 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 substantiverules under which courts
settle the disputes themselves. allocate custody if the parents can not
 
LEGISLATIVE HISTORY:
2024: S.4123 - Referred to Judiciary
2023: S.4123 - Referred to Judiciary
2022: S.4906 - Referred to Judiciary
2021: S.4906- Referred to Judiciary
2020: S.2584 Referred to Judiciary /A.4005 -Referred to Judiciary
2019: S.2584 Referred to Judiciary /A.4005 -Referred to Judiciary
2018: S.7359- Referred to Judiciary/ A.5345- Referred to Judiciary
2017: A.5345- Referred to Judiciary
2016: S.4035- Referred to Judiciary/ A.3437- Referred to Judiciary
2015: S.4035- Referred to Judiciary/ A.3437- Referred to Judiciary
2014: S.3734- Referred to Judiciary/ A.876- Referred to Judiciary
2013: S.3734- Referred to Judiciary/ A.876- Referred to Judiciary
2012: S.4382- Referred to Finance /A.3803 -Referred to Judiciary
2011: S.4382 - Referred to Children & Families/A.3803 - Referred to
Judiciary
2010: S.659 Referred to Children & Families / A.11195-Referred to Judi-
ciary
2009: 5.659 - Referred to Children & Families
2008: S.344-B - Referred to Social Services, Children & Families /
A.1432-B - Referred to Judiciary
2007: S.344-B - Referred to Social Services, Children & Families /
A.1432-B - Referred to Judiciary
2006: S.1399 - Referred to Social Services, -Referred to Judiciary
2005: S.1399 - Referred to Social Services, -Referred to Judiciary
2004: S.1969-A - Referred to Finance / A.7095 - Referred to Judiciary
2003: S.1969-A - Died on Third Reading / A.7095 - Referred to Judiciary
2002: S.6494-A -Referred to Children &Families/A.1913-C-Referred to
Judiciary
2001: A.1913 -Referred to Judiciary
2000: A.3492- Referred to Judiciary
1999: A.3492- Referred to Judiciary
1998: A.750 -Referred to Judiciary
1997: A.750 -Referred to Judiciary
1996: A.,2892- Referred to Judiciary
1995: A.2892- Referred to Judiciary A.10098 of 1994
 
FISCAL IMPLICATIONS:
To be determined.
 
LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Immediate.