Creates the short-term military service guardian

6 Co-sponsors

• Thomas Croci
• John A. DeFrancisco
• Rich Funke
• Martin J. Golden
• William J. Larkin Jr.
• Kathleen A. Marchione

BILL NUMBER:S801

Title of bill

An act to amend the domestic relations law and the military law, in relation to the creation of the short-term military service guardian

Purpose and justification

This bill would create a simple and straightforward mechanism for parents or guardians who find themselves deployed for short term military service to appoint a short term military guardian for their minor child or children while they are serving their country. This bill only applies to situations where the parent in active military service has physical custody, and does not share joint custody. Such appointment cannot be made if there is another living parent whose whereabouts are known and whose parental rights have not been terminated, and who is able and willing to assume the day-to-day child care decisions, unless the appointment is consented to by such other parent. The original appointment is for no longer than 180 days, but the guardian can be reappointed by executing a new form. The law makes clear that such an appointment does not affect any other parent's rights.

With all the other worries and considerations that come with a deployment for military service, parents or guardians who are called upon to serve their country should be able to chose a guardian for their infant children during their deployment without undue complication.

Summary of specific provisions

Section 1 creates a new Article 6-A, "Short-Term Military Service Guardian", in the Domestic Relations Law.

Section 90 defines "short-term military service guardian".

Section 91 sets forth:

1. When a parent or guardian may appoint a short-term military guardian;

2. Limitations when such a guardian may not be appointed;

3. Notice requirements for such appointment;

4. Effective date of such appointment;

5. Each appointment may be amended or revoked by the parent at any time;

6. Such an appointment does not affect the rights of the other parent;

7. Suggests a form to be used for such an appointment.

Section 92 sets forth the duties and authority of the short-term military guardian.

Section 2 amends the Military Law by adding a new section 253 to provide that child custody proceedings filed in a court of competent jurisdiction involving a short-term military service guardian shall be governed by Article 6-A of the Domestic Relations Law.

Section 3 provides that the act shall take effect on the one hundred twentieth day after it shall have become law.

Prior legislative history

2013-14 - S.1127-A/A.5083 - PASSED SENATE/Judiciary 2011-12 - S.3192/A.1081 -- PASSED SENATE/Judiciary 2010 - S.2986/A.5882-A -- CODES/Judiciary 2008 - S.7121/A.10986 -- JUDICIARY/Judiciary

Fiscal implications

None

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become law.