Assembly Bill A11195

2009-2010 Legislative Session

Enacts the child custody reform act

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Archive: Last Bill Status - In Assembly 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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2009-A11195 (ACTIVE) - Details

See Senate Version of this Bill:
S659
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Add ยง242, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3803, S4382
2013-2014: A876, S3734
2015-2016: A3437, S4035
2017-2018: A5345, S7359
2019-2020: A4005, S2584
2021-2022: S4906
2023-2024: S4123

2009-A11195 (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.

2009-A11195 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11195

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by  M.  of  A.  D. WEPRIN  --  read once and referred 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".
  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
with  the due process rights of those involved in custody, parenting and
child support disputes.
  S 3. The domestic relations law is amended by adding a new section 242
to read as follows:
  S 242. SPECIAL PROVISIONS FOR RESOLUTION OF CHILD  CUSTODY,  PARENTING
AND  CHILD  SUPPORT  DISPUTES. (A) DEFINITIONS. AS USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES:
              

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