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

1 Co-sponsor

• Patty Ritchie

Title of bill

An act to amend the domestic relations law, in relation to child custody when a parent is deployed on military active duty

Purpose

Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody where a suitable child care plan in presented; provides, upon return of a military member from a deployment, for the reinstatement of the child custody order in effect prior to such deployment.

Summary of provisions

Section One - amends Section 70 of the domestic relations law by adding a new subdivision (c) to provide that the court shall not consider the past or current deployment, or possible future deployment of a parent in active service of the armed forces of the United States or of the organized militia of the state as a detrimental factor to the awarding of custody of a child where a suitable child care plan has been presented to the court by the petitioning parent.

Section Two - amends Subdivision 3 of section 75-1 of the domestic relations law to state that within thirty days of such return the child custody order in effect immediately prior to any modifications thereof pursuant to subdivisions one and two of this section shall be reinstated in full force and effect.

Sections Three and Three-A- amends Paragraph (a) of subdivision 1 of section 240 of the domestic relations law, to include a new subdivision one-d which provides that the court shall not consider the past or current deployment, or possible future deployment of a parent in active service of the armed forces of the United States or of the organized militia of the state as a detrimental factor to the awarding of custody of a child to a petitioning parent where a suitable child care plan has been presented to the court by the parent.

Section Four - sets forth an immediate effective date.

Justification

Members of the military make tremendous sacrifice with respect to time spent away from their families in order to serve our country. They should not have to choose between serving their country and losing custody of their children.

Pentagon officials and military-family support groups state there are no Statistics available regarding 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 and their personal safety while on duty, and should not have to worry that their service to our country will jeopardize their standing as a custodial parent in their child or children's lives upon return.

Currently, the states of Arizona and California have laws preventing courts from using a parent's deployment as a factor in determining custody of a child.

Legislative history

S.3507A- Passed in the Senate in 2013 and 2014. FISCAL IMPLICATIONS :

None.

Effective date

This act shall take effect immediately.