Bill Text: NY A01614 | 2017-2018 | General Assembly | Introduced


Bill Title: Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody in marital actions where a suitable child care plan is presented.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-05-31 - held for consideration in judiciary [A01614 Detail]

Download: New_York-2017-A01614-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1614
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        Introduced  by  M.  of A. HAWLEY, KOLB -- Multi-Sponsored by -- M. of A.
          McLAUGHLIN -- read once and referred to the Committee on Judiciary
        AN ACT to amend the domestic relations  law,  in  relation  to  determi-
          nations of child custody in matrimonial actions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 70 of the domestic  relations  law  is  amended  by
     2  adding a new subdivision (c) to read as follows:
     3    (c)  Notwithstanding  any  other provision of law to the contrary, the
     4  court shall not consider the deployment of a parent in active service of
     5  the armed forces of the United States or of the organized militia of the
     6  state of New York as a detrimental factor to the awarding of custody  of
     7  a  child where a suitable child care plan for the period of such deploy-
     8  ment has been presented to the court by the petitioning parent.
     9    § 2. Paragraph (a) of subdivision 1 of section  240  of  the  domestic
    10  relations law, as amended by chapter 567 of the laws of 2015, is amended
    11  and a new subdivision 1-d is added to read as follows:
    12    (a)  In any action or proceeding brought (1) to annul a marriage or to
    13  declare the nullity of a void marriage, or (2) for a separation, or  (3)
    14  for  a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
    15  tion and order to show cause, the custody of or right to visitation with
    16  any child of a marriage, the court shall  require  verification  of  the
    17  status of any child of the marriage with respect to such child's custody
    18  and  support,  including  any  prior  orders, and shall enter orders for
    19  custody and support as, in the  court's  discretion,  justice  requires,
    20  having  regard  to  the  circumstances of the case and of the respective
    21  parties and to the best interests  of  the  child  and  subject  to  the
    22  provisions  of  [subdivision]  subdivisions  one-c  and  one-d  of  this
    23  section. Where either party to an action  concerning  custody  of  or  a
    24  right  to  visitation  with  a  child  alleges  in  a  sworn petition or
    25  complaint or sworn answer, cross-petition, counterclaim or  other  sworn
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01346-01-7

        A. 1614                             2
     1  responsive  pleading that the other party has committed an act of domes-
     2  tic violence against the party making the  allegation  or  a  family  or
     3  household  member of either party, as such family or household member is
     4  defined  in  article eight of the family court act, and such allegations
     5  are proven by a preponderance of the evidence, the court  must  consider
     6  the  effect  of  such  domestic  violence upon the best interests of the
     7  child, together with such other facts and  circumstances  as  the  court
     8  deems  relevant in making a direction pursuant to this section and state
     9  on the record how such findings, facts and circumstances  factored  into
    10  the  direction.  If  a  parent  makes a good faith allegation based on a
    11  reasonable belief supported by facts that the child  is  the  victim  of
    12  child  abuse, child neglect, or the effects of domestic violence, and if
    13  that parent acts lawfully and in good faith in response to that  reason-
    14  able  belief  to protect the child or seek treatment for the child, then
    15  that parent shall not be deprived of custody, visitation or contact with
    16  the child, or restricted in custody, visitation or contact, based solely
    17  on that belief or the reasonable actions taken based on that belief.  If
    18  an  allegation that a child is abused is supported by a preponderance of
    19  the evidence, then the court shall consider such evidence  of  abuse  in
    20  determining  the  visitation arrangement that is in the best interest of
    21  the child, and the court shall not place a child in  the  custody  of  a
    22  parent  who presents a substantial risk of harm to that child, and shall
    23  state on the record how such findings were factored  into  the  determi-
    24  nation. Where a proceeding filed pursuant to article ten or ten-A of the
    25  family  court act is pending at the same time as a proceeding brought in
    26  the supreme court involving the custody of, or right to visitation with,
    27  any child of a marriage, the court presiding over the  proceeding  under
    28  article ten or ten-A of the family court act may jointly hear the dispo-
    29  sitional  hearing  on  the  petition under article ten or the permanency
    30  hearing under article ten-A of the family court act and,  upon  referral
    31  from  the supreme court, the hearing to resolve the matter of custody or
    32  visitation in the proceeding pending  in  the  supreme  court;  provided
    33  however,  the  court  must determine custody or visitation in accordance
    34  with the terms of this section.
    35    An order directing the payment of  child  support  shall  contain  the
    36  social  security  numbers of the named parties. In all cases there shall
    37  be no prima facie right to the custody of the child  in  either  parent.
    38  Such direction shall make provision for child support out of the proper-
    39  ty  of  either or both parents. The court shall make its award for child
    40  support pursuant to subdivision one-b of this  section.  Such  direction
    41  may  provide  for  reasonable  visitation  rights to the maternal and/or
    42  paternal grandparents of any child of the parties. Such direction as  it
    43  applies  to  rights of visitation with a child remanded or placed in the
    44  care of a person, official, agency or institution  pursuant  to  article
    45  ten of the family court act, or pursuant to an instrument approved under
    46  section three hundred fifty-eight-a of the social services law, shall be
    47  enforceable  pursuant  to  part eight of article ten of the family court
    48  act and sections three hundred fifty-eight-a and three  hundred  eighty-
    49  four-a of the social services law and other applicable provisions of law
    50  against any person having care and custody, or temporary care and custo-
    51  dy,  of the child. Notwithstanding any other provision of law, any writ-
    52  ten application or motion to the court for the establishment,  modifica-
    53  tion  or  enforcement  of  a child support obligation for persons not in
    54  receipt of public assistance and care must contain either a request  for
    55  child  support enforcement services which would authorize the collection
    56  of the support  obligation  by  the  immediate  issuance  of  an  income

        A. 1614                             3
     1  execution  for  support  enforcement  as  provided  for by this chapter,
     2  completed in the manner specified in section one hundred eleven-g of the
     3  social services law; or a statement that the applicant has  applied  for
     4  or  is  in  receipt  of such services; or a statement that the applicant
     5  knows of the availability of such services, has declined  them  at  this
     6  time  and  where  support  enforcement  services pursuant to section one
     7  hundred eleven-g of the social services law have been declined that  the
     8  applicant  understands  that  an  income  deduction  order may be issued
     9  pursuant to subdivision (c) of section fifty-two  hundred  forty-two  of
    10  the civil practice law and rules without other child support enforcement
    11  services  and that payment of an administrative fee may be required. The
    12  court shall provide a  copy  of  any  such  request  for  child  support
    13  enforcement  services  to the support collection unit of the appropriate
    14  social services district any time it directs payments to be made to such
    15  support collection unit. Additionally, the  copy  of  any  such  request
    16  shall  be accompanied by the name, address and social security number of
    17  the parties; the date and place of the parties' marriage; the  name  and
    18  date  of birth of the child or children; and the name and address of the
    19  employers and income payors of the party  from  whom  child  support  is
    20  sought  or  from  the  party  ordered  to pay child support to the other
    21  party. Such direction may require the payment of a sum or sums of  money
    22  either directly to the custodial parent or to third persons for goods or
    23  services furnished for such child, or for both payments to the custodial
    24  parent  and  to  such  third persons; provided, however, that unless the
    25  party seeking or receiving child support has applied for or is receiving
    26  such services, the court shall not direct such payments to  be  made  to
    27  the  support  collection  unit,  as  established  in section one hundred
    28  eleven-h of the social services law. Every order directing  the  payment
    29  of support shall require that if either parent currently, or at any time
    30  in  the  future,  has  health  insurance  benefits available that may be
    31  extended or obtained to cover the child,  such  parent  is  required  to
    32  exercise  the  option  of additional coverage in favor of such child and
    33  execute and deliver to such person  any  forms,  notices,  documents  or
    34  instruments  necessary  to assure timely payment of any health insurance
    35  claims for such child.
    36    1-d. Notwithstanding any other provision of law to the  contrary,  the
    37  court shall not consider the deployment of a parent in active service of
    38  the armed forces of the United States or of the organized militia of the
    39  state  of New York as a detrimental factor to the awarding of custody of
    40  a child to a petitioning parent where a suitable child care plan for the
    41  period of such deployment has  been  presented  to  the  court  by  such
    42  parent.
    43    § 3. This act shall take effect immediately.
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