Senate Bill S7359

2017-2018 Legislative Session

Enacts the child custody reform act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S7359 (ACTIVE) - Details

See Assembly Version of this Bill:
A5345
Current Committee:
Senate Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Add §242, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S659, A11195, A3252
2011-2012: S4382, A3803
2013-2014: S3734, A876
2015-2016: S4035, A3437
2019-2020: S2584, A4005
2021-2022: S4906
2023-2024: S4123

2017-S7359 (ACTIVE) - 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.

2017-S7359 (ACTIVE) - Sponsor Memo

2017-S7359 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7359
 
                             I N  S E N A T E
 
                             January 10, 2018
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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".
   §  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
 with  the due process rights of those involved in custody, parenting and
 child support disputes.
   § 3. The domestic relations law is amended by adding a new section 242
 to read as follows:
   § 242. SPECIAL PROVISIONS FOR RESOLUTION OF CHILD  CUSTODY,  PARENTING
 AND  CHILD  SUPPORT  DISPUTES. (A) DEFINITIONS. AS USED IN THIS SECTION,
              

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