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Frequently Asked Questions

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FAMILY COURT CASES

a. Joint or Sole Custody? Custody can be "joint" or "sole." With "joint custody" both parties will have the ability to make decisions, such as medical or educational, for the child. With "sole custody,"; the party with 'sole custody" has the authority to make decisions for the child.
b. Primary Residence? The agreement will specify whether the child primarily lives with the mother, or with father, or with some other family member.
c. Parenting Time. The parenting time (previously visitation) part of the agreement spells out when the child will visit the non-custodial parent. The agreement may also specify parenting time arrangements for special occasions such as holidays and vacations for both parents. The parenting time agreement can be very detailed or can simply state, "As mutually agreed upon by the parties." Generally speaking, when communication between the parents is limited or challenging, the agreement needs to be more specific regarding the details about parenting time.

Each custody / parenting time agreement must also declare how paternity for the child(ren) has been established. If paternity was established by signed acknowledgment of paternity, the court must have a copy of the signed acknowledgment or paternity. When paternity for the child(ren) has been established, ACCORD mediation for the child(ren) must include both parents.

2. Child Support - Child Support Mediation follows a specific format. The mediators first calculate child support requirements as defined in the New York Child Support Standards Act. The parties will then have the opportunity to determine whether they want to agree on a child support amount different from the amount calculated under the Child Support Standards Act. If there is a difference between what the Child Support Standards Act amount and the amount the parties agree upon, the agreement must specify the reasons for the difference.

For additional information about New York State Child Support, check additional links.

ACCORD Family Court Agreements

If the parties reach an agreement regarding custody / parenting time or child support, ACCORD staff will type the agreement for the parties. The parties then have several options:

a. The parties can take the draft agreement(s) to an attorney for review. After the attorney reviews the agreement, the attorney can file the agreement with Family Court or the parties can return to ACCORD to sign the agreement.
b. The parties can take draft copies of the agreements and file a petition in Family Court, attaching the ACCORD agreement.
c. After appropriate review of the agreement, the parties can sign the agreement in the presence of a Notary and ACCORD can then file the agreement with the Family Court (Broome or Tioga Counties only). ACCORD does have Notaries Public available for agreement signings.

After ACCORD submits an agreement to Family Court, the Court will determine whether to confirm the agreement with a Court Order or whether the Court will schedule a hearing to have the parties discuss the agreement further in court.

ACCORD mediation services are confidential.

Not all cases can be mediated. There are many reasons why ACCORD may be unable to mediate specific Custody / Parenting Time and/or Child Support cases. When ACCORD is unable to schedule a mediation, the parties are notified that ACCORD mediation is not possible.

The Child Centered Model

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