Bill Text: NY S05417 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for the review of a suitable child care plan to be presented by the petitioning parent for the period of deployment, including but not limited to, reasonable notice by deploying parent to other parent of deployment, procedures for parents to make out of court arrangements regarding custody and visitation during deployment; prohibits an order of permanent custody without deployed parent's consent; makes related provisions.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S05417 Detail]

Download: New_York-2023-S05417-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5417

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 3, 2023
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Children  and
          Families

        AN  ACT to amend the domestic relations law and the family court act, in
          relation to the effect of military service on child care

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraph  1  of  paragraph  (a-2) of subdivision 1 of
     2  section 240 of the domestic relations law, as added by  chapter  473  of
     3  the laws of 2009, is amended to read as follows:
     4    (1)  During the period of time that a parent is activated, deployed or
     5  temporarily assigned to military service, such that the parent's ability
     6  to continue as a joint caretaker or the primary  caretaker  of  a  minor
     7  child is materially affected by such military service, any orders issued
     8  pursuant  to  this  section,  based on the fact that the parent is acti-
     9  vated, deployed or temporarily assigned to military service, which would
    10  materially affect or change  a  previous  judgment  or  order  regarding
    11  custody  of  that  parent's  child or children as such judgment or order
    12  existed on the date the parent was activated, deployed,  or  temporarily
    13  assigned  to  military  service,  shall be subject to review pursuant to
    14  subparagraph three of this paragraph. Any  relevant  provisions  of  the
    15  Service  Member's  Civil  Relief  Act  shall  apply  to  all proceedings
    16  governed by this section and shall include  the  review  of  a  suitable
    17  child  care  plan  presented by the petitioning parent for the period of
    18  such deployment. Such child care plan shall include but not  be  limited
    19  to  reasonable notice by deploying parent to other parent of deployment,
    20  procedures for parents to  make  out  of  court  arrangements  regarding
    21  custody and visitation during deployment, prohibit an order of permanent
    22  custody without deployed parent's consent, provide for expedited custody
    23  if  parents  do not agree thereby establishing custody before deployment

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07801-01-3
        S. 5417                             2

     1  and provide for a procedure for termination of  temporary  custody  when
     2  parents agree.
     3    § 2. Paragraph 1 of subdivision (f) of section 651 of the family court
     4  act,  as added by chapter 473 of the laws of 2009, is amended to read as
     5  follows:
     6    1. During the period of time that a parent is activated,  deployed  or
     7  temporarily assigned to military service, such that the parent's ability
     8  to  continue  as  a  joint caretaker or the primary caretaker of a minor
     9  child is materially affected by such military service, any orders issued
    10  pursuant to this section, based on the fact that  the  parent  is  acti-
    11  vated, deployed or temporarily assigned to military service, which would
    12  materially  affect  or  change  a  previous  judgment or order regarding
    13  custody of that parent's child or children as  such  judgment  or  order
    14  existed  on  the date the parent was activated, deployed, or temporarily
    15  assigned to military service, shall be subject  to  review  pursuant  to
    16  paragraph  three  of  this  subdivision.  Any relevant provisions of the
    17  Service Member's  Civil  Relief  Act  shall  apply  to  all  proceedings
    18  governed  by  this  section  and  shall include the review of a suitable
    19  child care plan presented by the petitioning parent for  the  period  of
    20  such  deployment.  Such child care plan shall include but not be limited
    21  to reasonable notice by deploying parent to other parent of  deployment,
    22  procedures  for  parents  to  make  out  of court arrangements regarding
    23  custody and visitation during deployment, prohibit an order of permanent
    24  custody without deployed parent's consent, provide for expedited custody
    25  if parents do not agree thereby establishing custody  before  deployment
    26  and  provide  for  a procedure for termination of temporary custody when
    27  parents agree.
    28    § 3. This act shall take effect immediately.