NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7563
SPONSOR: Jordan TITLE OF BILL: An act to amend the domestic relations law and the
family court act, in relation to changing the denotation of visitation
to parenting time
PURPOSE: This bill replaces the term "visitation" in relation to time
spent with non-custodial parents with the term "parenting time" in the
Domestic Relations Law and the Family Court Act.
SUMMARY OF PROVISIONS:
Section 1 declares the legislative intent of the bill.
Section 1-a provides definitions for "visitation" and "parenting time".
Sections 2 through 13 amend various provisions of the Domestic Relations
Law by changing references to "visitation" to "parenting time".
Sections 14 through 29 amend various provisions of the Family Court Act
by changing references to "visitation" to "parenting time".
Section 30 amends the Family Court Act by adding definitions for "visi-
tation" and "parenting time".
Section 31 states that this act shall take effect immediately, with
provisions.
JUSTIFICATION: In 200G, the Judiciary's Matrimonial Commission,
chaired by the Honorable Sondra Miller, recommended replacing the term
"visitation" with "Parenting time" in appropriate law. This is meant to
reflect a "cultural change" away from viewing time spent with a parent
as "visitation" and instead as meaningful time spent with a parent.
Children "visit" the zoo, or the dentist, or the park; they do not
"visit" their mother or father. In addition, "visitation" is often asso-
ciated with the visiting of inmates at correctional facilities and pris-
ons, an inappropriate association for the time spent by a parent with
his or her child. New York State law should reflect this reality.
The misuse of "visitation" to describe time spent by a parent with his
or her child has implications far beyond legal court documents. Nega-
tive Perceptions of this time caused by visitation's "inappropriately
pejorative meaning," in the words of the Honorable A. Gail Prudent!,
can harm relations between a child and his or her noncustodial parent
post-divorce. The inherent harmfulness of the phrase can also contribute
to acrimony in divorce cases. "Parenting time," unlike "visitation,"
accurately reflects how meaningful and important time with both parents
is in the life of a child. Many other states, including Oregon, New
Jersey, and Michigan, have already instituted such a change in terminol-
ogy. The inclusion of "parenting time" in New York law will follow the
national trend to improve post-divorce relations among all parties.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately, provided that
the amendments to subdivision (a) of section 439 of the family court act
made by section 15 of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 246 of chapter 81 of
the laws of 1995, as amended, when upon such date the provisions of
section sixteen of this act shall take effect.
