2023-The Year of The Modern Family in NYS
A same as bill was entered into the NYS Children’s and Families committee today. Bill No. S4797/A4977 represents the decade long Family Law reform efforts by organizations across the Country. Reforming domestic relations law section 240 has been ongoing in New York, leading to dozens of children’s rights advocacy organizations to form including, National Parents Organization, Americans for Equal Shared Parenting, and New York Families for Tomorrow. These policy efforts, built on years of scientific research and studies published by peer reviewed doctors, row in the same direction; to reform and protect a child’s right to have a loving and meaningful relationship with BOTH parents.
Bill No. S4797 sets out clear reform measures that only effect temporary orders in divorce or separation. The bill, sponsored by Senator Oberacker and Assemblymember Tague addresses, “if the parents can no longer live together, the next best thing is for the child to have equal time with each parent during this crucial moment, when a child needs all the love, reassurance, and stability possible”. The bill also confronts the need for judicial explanation in rulings, management of domestic violence, and allowing for clear evidence in cases of deviation from the presumption of shared parenting.
These measures not only can be measured following passage, but can decrease cases of post-separation abuse, conflict, costly litigation for parents, trauma and improve inter-personal relationships with young children. Child advocate organizations have been lobbying for these changes across the Country only to be met with opposition. Family science acts as the driving force behind the verbiage in the bills, there have been over 50 studies that not only ensure that 50/50 shared parenting works, but it’s the best option and truly what’s best for children. Notably, William Fabricius at the University of Arizona concluded, “the current child custody statutes were written in the absence of evidence of how well they promoted children’s well-being…the evidence that is now available is compelling that failure to enact presumptions of equal parenting time risks unnecessary harm to children’s emotional security with the parents…”(Fabricius,William 2019).
Currently, New York State holds a grade of “F” according to the 2019 study provided by National Parents Organization. New York is one of only two states that was reported in having some of the worst custody laws yet, when an independent polling polled New Yorkers, 92% of those in New York believe it is in the child's best interest ... to have as much time as possible with each parent.
50/50 shared parenting is not only the healthiest option for fit loving families, but it’s becoming the social norm, with over 6 ways to have a shared schedule and hundreds of co-parenting resources, like Parents.com and their recent article, “States Are Making Shared Custody the Default—Could This Be the Arrangement We've Been Waiting For? It’s becoming apparent that the family courts must reflect our culture, and that culture is to protect our children from the trauma of divorce and separation by placing parents in financial ruin over custody “battles”.
New Yorkers are passed the time of relaying on ancient laws based in chauvinist past experiences and a system that has developed its own docket creation mechanism through billable hours, social workers, and issuing county GAL’s. Applying clear and simple reform practices will not only decrease family court dockets but will deliver our children on a path to a successful future.
Support and Pass Bill No. S4797/A4977
