|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 30, 2012||reported and committed to finance|
|Jan 04, 2012||referred to children and families|
|Apr 01, 2011||referred to children and families|
senate Bill S4382
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4382 - Details
S4382 - Summary
Enacts the child custody reform act to provide uniform statewide standards for the litigation and mediation of child custody disputes; provides for an initial planning conference between the judge and all parties to attempt a settlement; provides for mediation unless the court finds mediation is inappropriate; requires the chief administrator of the courts to establish plans for the conduct of administration of the mediation and preparation of evaluation reports.
S4382 - Sponsor Memo
BILL NUMBER:S4382 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) 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, whichever 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 inappropriate. This
S4382 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4382 2011-2012 Regular Sessions I N S E N A T E April 1, 2011 ___________ Introduced by Sens. LANZA, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the domestic relations law, in relation to the child custody and support decision-making process THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "child custody reform act". S 2. Declaration of purposes. The legislature hereby finds and declares that it is in the best interests of a child whose parents are in dispute over his or her custody that: Parents resolve their dispute as expeditiously as possible in a child- centered manner; Parents be encouraged to recognize the continuing interest that each has in the welfare of their child and resolve any differences they may have concerning custody, parenting and child support obligations prior to engaging in the adversarial process; Courts undertake an active role in promoting parental settlements in custody, parenting and child support disputes, and in educating parents about the needs of their child resulting from divorce or separation; The child centered mediation process, in suitable cases, is an appro- priate way to help parents resolve child custody, parenting and child support disputes; Mediation of custody, parenting and child support disputes should be conducted in collaboration with the courts, in a safe environment, by well-trained, experienced mediators during which the parents attempt to plan cooperatively for the welfare of their child; and Uniform statewide standards for mediation should be formulated in order to ensure the safety, quality and usefulness of the mediation process to the court as well as to the parents, and to assure compliance EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05056-01-1
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