NYS PARENT EDUCATION AND AWARENESS PROGRAM

The New York State Parent Education and Awareness Program (“Program”) is an initiative of former Chief Judge Judith S. Kaye, who announced in her 2001 State of the Judiciary address her wish to institutionalize parent education and awareness programs in New York State, to improve the quality of court outcomes involving children in such situations. The New York State Parent Education and Awareness Program is designed to educate divorcing or separating parents about the impact of their breakup on their children. The primary goal is to teach parents ways they can reduce the stress of family changes and protect their children from the negative effects of ongoing parental conflict in order to foster and promote their children’s healthy adjustment and development. Four topics are addressed in the Parenting & Child Well-Being portion of the curriculum: 1) Creating and Maintaining Supportive Parent-Child Relationships; 2) Providing a Stable, Supportive Home Environment; 3) Maintaining Healthy Parental Functioning & Psychological Well-Being; and 4) Protecting Children from Ongoing Conflict Between Parents. There is also an overview of the Legal Process. The various programs that are currently certified throughout New York State by the Program are set forth in the list of Certified Parent Education Providers (“Provider List”) on the Program's Home Page. This list is continually updated. A link to the Program's site is above - just click on the title of this blog.

EDUCATIONAL ISSUES IN DIVORCE

The Court of Appeals recently in Fuentes v. Bd. of Educ. of City of NY, 12 NY3d 309 (April 30, 2009) ruled that unless the parties in an agreement express otherwise, or the court does in a decree or order, the custodial parent has sole decision-making authority with respect to practically all aspects of the child's upbringing, including but not limited to, educational decisions. This decision emphasizes the importance of divorcing, separated or other co-parents to determine these issues in advance. This case involved the noncustodial parent seeking a review of the special education services that a legally blind son was receiving and which the non-custodial parent deemed inadequate. When the non-custodial parent sought review by the education department, the appeal was denied due to lack of standing, viz., the non-custodial parent was not the proper party to make educational decisions for the child. Any party, whether married, separated or in any type of custody hearing, should realize the loss of certain parenting rights when sole and exclusive custody is given to the other parent.