What's happening
This bill requires courts to review and consider a suitable child care plan when a parent is deployed for military service, outlining specific requirements for custody and visitation during deployment.
Why it matters
Ensures military parents' rights are protected. By requiring courts to review a suitable child care plan and prohibiting permanent custody changes without the deployed parent's consent, the bill helps prevent a parent's military service from being used against them in custody disputes.
Supports stability and planning for children. Mandating a detailed child care plan—including advance notice of deployment and procedures for custody and visitation—helps provide children with consistency and minimizes disruption during a parent's military service.
Promotes cooperation and faster resolution. The bill encourages parents to work out custody and visitation arrangements outside of court when possible, but also provides for expedited court processes if they cannot agree, ensuring decisions are made before the deployment begins.
Facilitates smooth transitions post-deployment. Establishing a process for terminating temporary custody arrangements when parents agree helps children and families return to normalcy more quickly once the deployed parent returns home.
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Who cares
Headline styles
Protect Military Parents’ Custody Rights
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 8
No co-sponsors yet.
History
- Referred to children and families
- Referred to children and families
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 Assembly Committee · Judiciary · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5543
2019-2020 Regular Sessions
IN SENATE
May 6, 2019
Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
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
S. 5543 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.
Sponsor's memo
Title of bill
An act to amend the domestic relations law and the family court act, in relation to the effect of military service on child care
Purpose
To allow parents deployed in the military to submit plans or requests for child care arrangements for consideration by the court.
Summary of provisions
Section 1. amends subdivision 1 of section 240 of the domestic relations law by requiring court custody orders to take into consideration and a suitable child care plan submitted by parents or guardians if they are active, deployed, or temporarily assigned to military service.
Section 2. amends subdivision (f) of section 651 of the family court act in the by requiring court custody orders to take into consideration and a suitable child care plan submitted by parents or guardians if they are active, deployed, or temporarily assigned to military service.
Section 3. is the enacting clause.
Justification
Child custody proceedings can be harrowing ordeals for many families, and military families face particular challenges due to the demands of service. Often parents are obligated to spend long stretches of time away from their children, have difficulty making court appearances, and generally face constraints in their ability to navigate the logistics of civil proceedings. Additional efforts to ease the strain caused by their service are therefore a necessary and just action on the state's part. The Uniform Deployed Parents Custody and Visitation Act was developed at the national level to serve as a blueprint for states to adopt, but New York as yet has not made adequate effort toward this goal.
To restore a modicum of control and confidence to military parents navi- gating custody proceedings, this bill will require courts to review a childcare plan submitted by the parent prior to their deployment or anticipated time away from home. tiding so will provide needed stability to military families throughout the state.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.