Bill Text: NY A02582 | 2019-2020 | General Assembly | Introduced


Bill Title: Creates the short term military service guardian; allows parent without joint custody to appoint service guardian; provides for a maximum appointment of 180 days.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in judiciary [A02582 Detail]

Download: New_York-2019-A02582-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2582
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 24, 2019
                                       ___________
        Introduced by M. of A. CROUCH, GIGLIO, McDONOUGH, MONTESANO -- read once
          and referred to the Committee on Judiciary
        AN  ACT  to  amend  the  domestic relations law and the military law, in
          relation to the creation of the short-term military service guardian
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The domestic relations law is amended by adding a new arti-
     2  cle 6-A to read as follows:
     3                                 ARTICLE 6-A
     4                    SHORT-TERM MILITARY SERVICE GUARDIAN
     5  Section 90. Definitions.
     6          91. Short-term military service guardian.
     7          92. Duties of a short-term military service guardian of a minor.
     8    §  90.  Definitions.  "Short-term  military  service guardian" means a
     9  guardian of the person of a minor, as appointed under section ninety-one
    10  of this article, effective on the date of the appointment or  to  become
    11  effective  at  a  later  date  under section ninety-one of this article,
    12  except that a  short-term  military  service  guardian  shall  have  the
    13  authority  to  apply  for and receive on behalf of the minor benefits to
    14  which the child may be entitled from or under federal,  state  or  local
    15  organizations or programs.
    16    §  91.  Short-term  military service guardian. 1.   A person who is in
    17  active military service and who is a parent, adoptive parent, or adjudi-
    18  cated parent who has physical custody of a minor child and who does  not
    19  share  joint custody of the child may appoint in writing, with notice to
    20  the other living parent of the child and to the court  as  described  in
    21  subdivision  two of this section, a short-term military service guardian
    22  of the minor child. The written instrument appointing a short-term mili-
    23  tary service guardian shall be dated and shall identify  the  appointing
    24  parent,  the other living parent, the minor, and the person appointed to
    25  be the short-term military  service  guardian.  The  written  instrument
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01608-01-9

        A. 2582                             2
     1  shall be signed by, or at the direction of, the appointing parent in the
     2  presence  of at least two credible witnesses, at least eighteen years of
     3  age, neither of whom is related to the parent nor the  person  appointed
     4  as the short-term military service guardian. The person appointed as the
     5  short-term military service guardian shall also sign the written instru-
     6  ment, but need not sign at the same time as the appointing parent.
     7    2.  A  parent shall not appoint a short-term military service guardian
     8  of a minor child if the child has another living parent, adoptive parent
     9  or adjudicated parent:
    10    (a) who has joint custody of the child,
    11    (b) whose parental rights have not been terminated,
    12    (c) whose whereabouts are known, and
    13    (d) who is willing and able to make and  carry  out  day-to-day  child
    14  care  decisions  concerning  the minor, unless the non-appointing parent
    15  consents to  the  appointment  by  signing  the  written  instrument  of
    16  appointment.
    17    3. The appointing parent shall attach to the written instrument his or
    18  her sworn statement of mailing that states he or she sent, no later than
    19  two  days  after  the written instrument was completed, copies of his or
    20  her sworn statement of mailing and the written instrument containing all
    21  required signatures and dates by certified or  registered  mail,  return
    22  receipt requested to:
    23    (a) the last known address of the other living parent,
    24    (b)  the court which issued the order that awarded physical custody of
    25  the child to the appointing parent,
    26    (c) the court (if different  from  the  court  that  awarded  physical
    27  custody  of  the  child  to the appointing parent) which issued the last
    28  order that concerns the child, the child's support,  or  custody  of  or
    29  visitation with the child, and
    30    (d)  if there is no court order, then to the court clerk in the county
    31  in which the child resides.
    32    4.  The appointment of the short-term  military  service  guardian  is
    33  effective  immediately upon the date the written instrument is executed,
    34  unless the written instrument provides for  the  appointment  to  become
    35  effective  upon  a  later  specified  date  or event. The appointment is
    36  effective without court approval. The short-term military service guard-
    37  ian shall have authority to act as guardian of the minor as provided  in
    38  article six of this chapter for a period of one hundred eighty days from
    39  the  date  the  appointment  is  effective unless the written instrument
    40  provides for the appointment to terminate upon an earlier specified date
    41  or event.  Only one written instrument appointing a short-term  military
    42  service  guardian  may  be  in  force  at  any given time, but a written
    43  instrument prepared in accordance with the  same  requirements  of  this
    44  section may reappoint the short-term military service guardian or name a
    45  different  successor  short-term  military service guardian for an addi-
    46  tional period of  one  hundred  eighty  days.  A  reappointment  or  the
    47  appointment  of  a successor short-term military service guardian may be
    48  accomplished by a written instrument completed before the expiration  of
    49  the first written instrument.
    50    5.  Every appointment of a short-term military service guardian may be
    51  amended or revoked by the appointing parent of the minor at any time and
    52  in any manner communicated to the short-term military  service  guardian
    53  or  to  any  other person. Any person other than the short-term military
    54  service guardian to whom a revocation or amendment  is  communicated  or
    55  delivered  shall  make  all  reasonable efforts to inform the short-term
    56  military service guardian of that fact as promptly as possible.

        A. 2582                             3
     1    6. The appointment  of  a  short-term  military  service  guardian  or
     2  successor  short-term  military  service  guardian  does  not affect the
     3  rights of the other parent in the minor.
     4    7.  The  written  instrument  appointing a short-term military service
     5  guardian may, but need not, be in the following form:
     6             APPOINTMENT OF SHORT-TERM MILITARY SERVICE GUARDIAN
     7             IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS
     8    By properly completing this form, a  parent  of  the  minor  child  is
     9  appointing  a  short-term  military  service  guardian of a child of the
    10  parent for a period of up to one hundred eighty (180) days.  A  separate
    11  form  should  be  completed  for each child. The person appointed as the
    12  short-term military service guardian must sign the form, but need not do
    13  so at the same time as the parent or parents. This form may be  used  to
    14  reappoint a short-term military service guardian or to appoint a succes-
    15  sor short-term military service guardian so as to extend the entire time
    16  of  the guardianship to a period of three hundred sixty (360) days. Both
    17  living parents of a child may together  appoint  a  short-term  military
    18  service  guardian of the child for a period of up to three hundred sixty
    19  (360) days through the use of this  form.  If  the  short-term  military
    20  service  guardian  is appointed by both living parents of the child, the
    21  parents need not sign the form at the same time.
    22    1. Parent and Child. I (insert name of appointing  parent),  currently
    23  residing  at  (insert  address of appointing parent), am a parent of the
    24  following child: (insert name and date of birth of child).
    25    2. Guardian. I hereby appoint the following person as  the  short-term
    26  military  service  guardian  for  the child: (insert name and address of
    27  appointed person).
    28    3. Effective date. This appointment becomes effective: (check  one  if
    29  you wish it to be applicable)
    30    (  )  On  the date that I state in writing that I am no longer able to
    31  make and carry out day-to-day child care decisions concerning the  child
    32  because of my active duty status in the military.
    33    ( ) On the following date: (insert date).
    34    ( ) Other (insert other).
    35    (NOTE:  If  this  item  is not completed, the appointment is effective
    36  immediately upon the date the form is signed and dated below.)
    37    4. Termination. This appointment shall terminate  one  hundred  eighty
    38  (180)  days  after  the  effective  date, unless it terminates sooner as
    39  determined by the event or date I have indicated below:   (check one  if
    40  you wish it to be applicable)
    41    (  ) On the date that I state in writing that I am willing and able to
    42  make and carry out day-to-day child care decisions concerning the child.
    43    ( ) On the date which is (state a number of days, but no more than one
    44  hundred eighty (180) days) days after the effective date.
    45    ( ) Other: (insert other). (NOTE: If this item is not  completed,  the
    46  appointment  will  be effective for a period of one hundred eighty (180)
    47  days, beginning on the effective date.)
    48    5. Date and signature of appointing parent. This appointment  is  made
    49  this (insert day) day of (insert month and year).
    50    Signed: (appointing parent)
    51    6.  Witnesses.  I  saw the appointing parent sign this instrument or I
    52  saw the parent direct someone to sign this instrument  for  the  parent.
    53  Then  I  signed  this  instrument  as  a  witness in the presence of the
    54  parent. I am not appointed in this instrument to act as  the  short-term
    55  military  service guardian for the child. I am not related to the parent

        A. 2582                             4
     1  or to the person appointed as the short-term military service  guardian.
     2  (Insert space for names, addresses, and signatures of two (2) witnesses)
     3    7.  Acceptance  of short-term military service guardian. I accept this
     4  appointment as short-term military service guardian on this (insert day)
     5  day of (insert month and year).
     6    Signed: (short-term military service guardian)
     7    8. Consent of child's other parent-if applicable. I  (insert  name  of
     8  the  child's other living parent), currently residing at (insert address
     9  of child's other living parent), hereby consent to this  appointment  on
    10  this (insert day) day of (insert month and year).
    11    Signed: (consenting parent)
    12    (NOTE: The signature of a consenting parent is not necessary if one of
    13  the  following applies: (i) the other parent does not have joint custody
    14  of the child; (ii) the child's other  parent  has  died;  or  (iii)  the
    15  whereabouts  of  the  child's  other  parent  are not known; or (iv) the
    16  child's other parent is not willing or able to make and carry  out  day-
    17  to-day  child  care  decisions  concerning  the  child;  (v) the child's
    18  parents were never married and no court has issued an order establishing
    19  parentage; or (vi) the parental rights of the child's other parent  have
    20  been terminated by a court order.)
    21    Sworn Statement of Mailing
    22    I  (insert  name  of appointing parent), currently residing at (insert
    23  address of appointing parent), delivered a signed and dated copy of  the
    24  attached APPOINTMENT OF SHORT-TERM MILITARY SERVICE GUARDIAN by deposit-
    25  ing it in a United States post office or post office box, enclosed in an
    26  envelope,  plainly addressed to each person or office at the appropriate
    27  address listed below, with postage fully prepaid for delivery by  certi-
    28  fied or registered mail to:
    29    (1)  (name  of  other  living  parent) (insert address of other living
    30  parent);
    31    (2) name of the court which issued the  order  that  awarded  physical
    32  custody of the child to the appointing parent (insert address of court);
    33    (3) the court which issued the last order that concerns the child, the
    34  child's support, custody or visitation with the child (insert address of
    35  court); and
    36    (4)  if there is no court order, then to the court clerk in the county
    37  in which the child resides (insert address of court clerk)
    38    Date and Signature. Dated this (insert day) day of (insert  month  and
    39  year).
    40    Signed:  (designating parent or guardian)
    41    County of __________________________________
    42    State of  __________________________________
    43    On  this  (insert  day) of (insert month and year) at (insert city and
    44  state), (insert name of appointing parent), appeared before me, a notary
    45  public of and for the county and State first above written  and  identi-
    46  fied  himself  or herself to be or personally known to me to be, (insert
    47  name of appointing parent) and being first duly sworn, signed his or her
    48  signature above.
    49    (Seal)
    50    Signed (name of notary public)
    51    (printed name of notary public)
    52    § 92. Duties of a short-term military service guardian of a minor.  1.
    53  Immediately  upon  the effective date or the appointment of a short-term
    54  military service guardian,  the  short-term  military  service  guardian
    55  shall  assume  all duties as short-term military service guardian of the
    56  minor as provided in this section. The short-term military service guar-

        A. 2582                             5
     1  dian of the person shall have authority to act  as  short-term  military
     2  service  guardian  without  direction  of court, for the duration of the
     3  appointment which in no case shall exceed a period of one hundred eighty
     4  days.  The  authority of the short-term military service guardian may be
     5  limited or terminated by a court of competent jurisdiction.
     6    2. Unless further specifically limited by  the  instrument  appointing
     7  the  short-term military service guardian, a short-term military service
     8  guardian shall have the authority to act as a guardian of the person  of
     9  a minor as prescribed in article six of this chapter, but shall not have
    10  any authority to act as guardian of the estate of a minor, except that a
    11  short-term  military  service guardian shall have the authority to apply
    12  for and receive on behalf of the minor benefits to which the  child  may
    13  be  entitled  from  or  under  federal,  state or local organizations or
    14  programs.
    15    § 2. The military law is amended by adding a new section 255  to  read
    16  as follows:
    17    §  255. Short-term military service guardian. Notwithstanding any law,
    18  rule or regulation to the contrary, child custody proceedings filed in a
    19  court of competent jurisdiction in this state,  involving  a  short-term
    20  military  service  guardian  shall  be  governed by article six-A of the
    21  domestic relations law.
    22    § 3. This act shall take effect on the one hundred twentieth day after
    23  it shall have become a law.
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