Skip to content
A8395Assembly2019-2020 SessionSame asS5543

Protect Military Parents' Custody Rights

Official title

“Relates to the effect of military service on child care”

Sponsor Felix OrtizAD-51+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires courts to review and approve a suitable child care plan when a parent is deployed for military service, outlining notice, custody, and visitation procedures.

Why it matters

  1. Protects deployed parents’ rights. By requiring that no permanent custody order can be made without the deployed parent’s consent, the bill safeguards against long-term changes to custody solely due to military service, addressing a common concern for service members.

  2. Ensures continuity and stability for children. Mandating a “suitable child care plan” means courts must proactively consider and approve who will care for the child during the parent’s deployment, reducing uncertainty and potential disputes.

  3. Promotes cooperation and clarity between parents. The bill compels deploying parents to give reasonable notice and encourages out-of-court arrangements for custody and visitation, fostering communication and reducing litigation.

  4. Speeds up custody decisions in time-sensitive situations. If parents cannot agree on temporary custody before deployment, the law provides for expedited court decisions, minimizing disruptions for the child and ensuring stability during the parent’s absence.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Protect Military Parents' Custody Rights

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Felix Ortiz

Assembly Member · Assembly District 51

History

  1. Referred to judiciary
  2. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5543Senate

Protect Military Parents’ Custody Rights

In Senate Committee · Children And Families · Sponsor John E. Brooks

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8395

2019-2020 Regular Sessions

IN ASSEMBLY

June 15, 2019

Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Judiciary

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 Assembly, do enact as follows:

Section 1. Subparagraph 1 of paragraph (a-2) of subdivision 1 of section 240 of the domestic relations law, as added by chapter 473 of the laws of 2009, is amended to read as follows:

(1) During the period of time that a parent is activated, deployed or temporarily assigned to military service, such that the parent's ability to continue as a joint caretaker or the primary caretaker of a minor child is materially affected by such military service, any orders issued pursuant to this section, based on the fact that the parent is activated, deployed or temporarily assigned to military service, which would materially affect or change a previous judgment or order regarding custody of that parent's child or children as such judgment or order existed on the date the parent was activated, deployed, or temporarily assigned to military service, shall be subject to review pursuant to subparagraph three of this paragraph. Any relevant provisions of the Service Member's Civil Relief Act shall apply to all proceedings governed by this section and shall include the review of a suitable child care plan presented by the petitioning parent for the period of such deployment. Such child care plan shall include but not be 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, prohibit an order of permanent custody without deployed parent's consent, provide for expedited custody if parents do not agree thereby establishing custody before deployment and provide for a procedure for termination of temporary custody when parents agree.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11280-01-9

A. 8395 2

§ 2. Paragraph one of subdivision (f) of section 651 of the family court act, as added by chapter 473 of the laws of 2009, is amended to read as follows:

1. During the period of time that a parent is activated, deployed or temporarily assigned to military service, such that the parent's ability to continue as a joint caretaker or the primary caretaker of a minor child is materially affected by such military service, any orders issued pursuant to this section, based on the fact that the parent is activated, deployed or temporarily assigned to military service, which would materially affect or change a previous judgment or order regarding custody of that parent's child or children as such judgment or order existed on the date the parent was activated, deployed, or temporarily assigned to military service, shall be subject to review pursuant to paragraph three of this subdivision. Any relevant provisions of the Service Member's Civil Relief Act shall apply to all proceedings governed by this section and shall include the review of a suitable child care plan presented by the petitioning parent for the period of such deployment. Such child care plan shall include but not be 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, prohibit an order of permanent custody without deployed parent's consent, provide for expedited custody if parents do not agree thereby establishing custody before deployment and provide for a procedure for termination of temporary custody when parents agree.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.