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
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.
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.
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.
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.
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Protect Military Parents' Custody Rights
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to judiciary
- 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.
Protect Military Parents’ Custody Rights
In Senate Committee · Children And Families · Sponsor John E. Brooks
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.