New York A 3822: Enacts the child custody reform act

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A03822 Summary:

BILL NOA03822 

&nbsp

SAME ASSAME AS S05572

&nbsp

SPONSORWeprin (MS)

&nbsp

COSPNSR

&nbsp

MLTSPNSRRa

&nbsp

Add §242, Dom Rel L

&nbsp

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.

Go to top A03822 Actions:

BILL NOA03822 

&nbsp

01/30/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA03822 Committee&nbspVotes:

Go to topA03822 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03822 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3822

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. RA --
 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:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "child custody reform act".
 3 § 2. Declaration of purposes. The legislature hereby finds and
 4 declares that it is in the best interests of a child whose parents are
 5 in dispute over such child's custody that:
 6 Parents resolve their dispute as expeditiously as possible in a child-
 7 centered manner;
 8 Parents be encouraged to recognize the continuing interest that each
 9 has in the welfare of their child and resolve any differences they may
 10 have concerning custody, parenting and child support obligations prior
 11 to engaging in the adversarial process;
 12 Courts undertake an active role in promoting parental settlements in
 13 custody, parenting and child support disputes, and in educating parents
 14 about the needs of their child resulting from divorce or separation;
 15 The child centered mediation process, in suitable cases, is an appro-
 16 priate way to help parents resolve child custody, parenting and child
 17 support disputes;
 18 Mediation of custody, parenting and child support disputes should be
 19 conducted in collaboration with the courts, in a safe environment, by
 20 well-trained, experienced mediators during which the parents attempt to
 21 plan cooperatively for the welfare of their child; and
 22 Uniform statewide standards for mediation should be formulated in
 23 order to ensure the safety, quality and usefulness of the mediation
 24 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.
 LBD07161-01-5

 A. 3822 2

 1 with the due process rights of those involved in custody, parenting and
 2 child support disputes.
 3 § 3. The domestic relations law is amended by adding a new section 242
 4 to read as follows:
 5 § 242. Special provisions for resolution of child custody, parenting
 6 and child support disputes. (a) Definitions. As used in this section,
 7 unless the context otherwise requires:
 8 (1) "Child" means a person under eighteen years of age, or for the
 9 purposes of support under twenty-one years of age, who is legally
 10 subject to parental, guardianship or similar control. "Child" includes
 11 children if more than one child is the subject of a custody, parenting
 12 or child support dispute.
 13 (2) "Parent" means the biological or adoptive parent, or other legal
 14 custodian or guardian.
 15 (3) "Custody" means the right and the responsibility of a parent to
 16 make decisions about the health, welfare and physical care of a child,
 17 and to participate in the making and implementation of a parenting plan.
 18 (4) "Physical custody" means the parent with whom the child shall
 19 primarily reside; provided however, that it shall also refer to an
 20 arrangement whereby the child shall reside with each parent on a