NOW - NEW YORK STATE OPPOSE MEMO
S-00468 - Changes Terminology from "Visitation" to "Parenting Time" March 2005
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The National Organization for Women - New York State, Inc., representing over 13,000 members, oppose S00468 that would replace the term “visitation” with “parenting time” in the domestic relations law and family court act.
The term “parenting time” suggests that all non-custodial parents take an active, positive role in their children’s lives. Although many do, this language clouds the fact that many parents who are granted visitation have chosen not to be involved in their children’s lives. A change in terminology does nothing to enforce parental responsibility or involvement, nor does it guarantee continued relationships between parent and child. Fathers rights groups argue that the term “visitation” carries a negative connotation with respect to non-custodial parents, stating that “visitation” is associated with visiting inmates in prison. This is clearly a ridiculous argument. People visit family members and other people in many and varied relationships.
Changing the designation of “visitation” to “parenting time” suggests to the court that visitation should be equated with actual parenting responsibilities, financial and otherwise. The term “parenting time” suggests equal parenting responsibility and does not reflect the existence of a primary caregiver. It is, in fact, the primary caregiver who is responsible for the day-to-day care of the child and it is a gross misstatement of fact to equate parenting time with visitation.
The current terminology does nothing to limit access for parents who want to take active, positive roles in their child’s life. Designating visitation as parenting time will not change the fact that many non-custodial parents do not choose to be involved parents and often do not avail themselves of their scheduled time with their children. The law has no power to enforce visitation. There are no penalties for failing to visit.
We believe that the actual motivation for this change in terminology is to require the court to equate the parenting schedule with actual parenting responsibilities, financial and otherwise. The argument has already been made by non-custodial parents that the costs of spending time with their children should be deducted from their child support obligations. It is, in fact, the primary caregiver who is responsible for the day-to-day care and expenses of the child. There is almost always a primary caregiver who is the parent charged with these on-going responsibilities, and there is often a non-custodial parent who is not equally engaged by choice.
This legislation lays the groundwork for the courts to decrease child support awards based on a change in terminology to “parenting time” and the erroneous implication that the primary caregiver and non-custodial parent roles are equal.
NOW-NYS, Inc. urges the New York State Legislature to oppose S00468, legislation that would change terminology from “visitation” to “parenting time” creating misconceptions about the roles of primary caregivers and non-custodial parents.
Marcia A. Pappas, President, NOW-NYS, Inc.
Barbara Kirkpatrick, Legislative Vice President
Lillian Kozak & Gloria Jacobs, Co-Chairs Domestic Relations Law Task Force
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