PRO-FAMILY LEGISLATION FOR 2004
FAMILY COURT REFORM:
A06269 No same as
SPONSOR Prentiss
Makes numerous modifications to provisions of various laws relating to child custody matters; provides for shared parenting custody; for parenting time rather than visitation; mediation and counseling in matrimonial actions involving children; sanctions for interference with parenting time; raises the PINS age to 18 for males and females alike; provides for equality in the burden of child support between parents; bases child support on net income exclusive of income and FICA taxes; provides that child support ceases at age 18; requires contract support collection agents to be audited; opens family court to the general public; deals with DNA evidence when question of paternity; increases parental access to information.
SHARED PARENTING:
SPONSOR Sidikman /Johnson
Establishes the presumption in matrimonial proceedings for awarding shared parenting of minor children in the absence of an allegation that shared parenting would be detrimental to the best interests of the child; establishes an order of preference in awarding custody; defines shared parenting and parenting plan.
TERMINOLOGY-PARENTING TIME (INSTEAD OF VISITATION):
SPONSOR Sidikman/Saland
Eliminates references in the domestic relations law, and family court act to "visitation" of a child, and replaces them with "parenting time".
PARENTAL EDUCATION:
A03820 No same as
SPONSOR McEneny
Permits trial judges in matrimonial cases where children are involved to require parties-parents to attend and complete appropriate information and education programs for parents involved in separation or divorce; establishes the "parental educational and awareness program board" to develop such programs membership; delineates such board’s powers and duties.
MEDIATION:
SPONSOR Larkin/Weprin
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; provides for local courts to furnish mental health services to prepare family evaluations; requires the chief administrator of the courts to establish plans for the conduct of administration of the mediation and preparation of evaluation reports.
A01087 Summary: No same as
SPONSOR Stephens
Makes provisions requiring mediation and arbitration in the child custody decision-making process; provides for an initial judicial conference prior to litigation; enacts a presumption of joint custody in child custody dispute cases; requires evaluation reports of trained mediators and other
professionals; requires plans for implementation and assessment on review of procedures.
S02185 No same as
SPONSOR PATERSON
Creates the parent-mediation program for child custody disputes; requires parents, who were in a dispute over the custody of their child or children, to participate in a court sponsored mediation program; provides that the mediator would be responsible for submitting the results of the process to the court, which in turn would enter an appropriate custody and support order