Negates the issue of military deployment as a factor in the awarding of child custody

Summary of provisions

Section One - Section 70 of the domestic relations law is amended by adding a new subdivision c to order that a court shall not use the issue of military deployment as a factor in the awarding of child custody.

Section Two - Subdivision 3 of section 75-1 of the domestic relations law, as amended by chapter 473 of the laws of 2009 is amended to add that within 30 days of return from military deployment the child custody order in effect immediately prior to any modifications thereof pursuant to subdivisions one and two of this section shall be reinstated and be in full force and effect.

Section Three - Paragraph (a) of subdivision 1 of section 240 of the domestic relations law, as amended by chapter 476 of the laws of 2009, is amended and a new subdivision 1-d is added to order that a court shall not use the issue of military deployment as a factor in the awarding of child custody.

Section Four - Section 304 of the military law, as amended by chapter 507 of the laws of 1991, is amended to add language to include a minor dependent of a military member and military service of the parent or guardian of such minor dependent in the section regarding proceedings to be stayed unless interest unaffected by military service.

Justification

On March 14, 2011, Senator Greg Ball, Chairman of the Committee on Veterans, Homeland Security and Military Affairs held a hearing on the current status, quality of life and health of veterans and military service members in the State of New York. The most startling and emotional testimony came from Mr. Harold Cooney Northeast Region Liaison from the Office of the Deputy Assistant Secretary of Defense and Ms. Tanya Towne a veteran of the National Guard, on the current custody issues facing our military service men and women.

In 2004, Ms. Towne's National Guard unit was deployed to Tikrit, Iraq. A temporary order was issued for her son to stay with his father, Ms. Towne's ex-husband. Shortly before Ms. Towne was expected to return home, her ex-husband filed, and was granted permanent custody of their son.

When returning home from an 18 month tour guarding conveys in Iraq, away from her home and family, Ms. Towne was not greeted by her son. Her husband refused to let him attend her homecoming. Ten days letter Ms. Towne appeared in court to re-gained custody and was denied. A custody

trial was scheduled for February 2006, in the meantime her son would stay with his father.

Ms. Towne withdrew money from her retirement account to pay for a lawyer and prepared to go to trial. When Ms. Towne's husband was asked why he had never fought for custody previously he admitted that until Towne went to Iraq, there were no grounds - drawing the conclusion that if Ms. Towne's bad never gone to serve her country, she would still have primary, uncontested custody of her son. In August of 2006 a Judge ruled the Ms. Towne's ex-husband provided a more stable environment and awarded him primary custody of their son.

Regardless of the financial burden, Ms. Towne fought on. Her appeal came before the Appellate Division for the Third Judicial Department of New York State Supreme Court in October of 2007. Ms. Towne's attorney vehemently argued it was inappropriate for the family court to use her deployment as grounds to contest a custody arrangement. On January 3, 2008 after a two year custody battle the Judges ruled that the "consequences of her extended absence" had to be considered in awarding custody of her son, and it wasn't in the best interest to move him again. Ms. Towne's ex-husband was granted permanent custody.

In Ms. Towne's emotional testimony she stated the obvious - soldiers should not have to chose between serving between their country and losing their family. If she knew she was going to lose her child she would have done anything to not have gone overseas.

Military service members sacrifice insurmountable amounts of time away from their families, it is embarrassing and inexcusable that New York State would allow them to lose their children, due to their military service. The state of Arizona and California have laws that bar a parent's deployment from being considered at all in a change-of-custody hearing and North Carolina has both protections. In states like Michigan and Kentucky, the order of custody for Ms. Towne's son would've automatically expired upon Ms. Towne's return.

Pentagon officials and military-family support groups say there are no statistics on the number of military parents who have lost custody of their children following deployments - but they agree that the number is increasing. This legislation is imperative to ensure the best interests of both military service members and their families are protected. Military service men and women should be concerned and focused on the protection of our country, not their families.

Legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.