Bill Text: NY S04518 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to orders of custody involving a parent deployed to military service, permits only temporary orders which shall expire within ten days of the end of the deployment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-05-14 - referred to judiciary [S04518 Detail]
Download: New_York-2013-S04518-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4518 2013-2014 Regular Sessions I N S E N A T E April 5, 2013 ___________ Introduced by Sen. FELDER -- (at request of the Division of Military & Naval Affairs) -- 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 orders of custody involving a parent activated, deployed or temporarily assigned to the military service THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 75-l of the domestic relations law, as amended by 2 chapter 473 of the laws of 2009, is amended to read as follows: 3 S 75-l. Military service by parent; effect on child custody orders 4 pursuant to this article. 1. During the period of time that a parent is 5 activated, deployed or temporarily assigned to military service, such 6 that the parent's ability to continue as a joint caretaker or the prima- 7 ry caretaker of a minor child is materially affected by such military 8 service, A COURT SHALL BE PROHIBITED FROM ISSUING any PERMANENT orders, 9 [issued pursuant to this article] MODIFICATIONS OR AMENDMENTS based on 10 the fact that the parent is activated, deployed or temporarily assigned 11 to military service, which would [materially] IN ANY WAY affect or 12 change a previous judgment or order regarding custody of that parent's 13 child or children as such judgment or order existed on the date the 14 parent was activated, deployed, or temporarily assigned to military 15 service [shall be subject to review pursuant to subdivision three of 16 this section]. Any relevant provisions of the Service Member's Civil 17 Relief Act shall apply to all proceedings governed by this section. 18 2. During such period the court may enter [an] A TEMPORARY order to 19 modify OR AMEND custody if there is clear and convincing evidence that 20 the TEMPORARY modification OR AMENDMENT is in the best interests of the 21 child. An attorney for the child shall be appointed in all cases where a 22 TEMPORARY modification is sought during such military service. [Such 23 order shall be subject to review pursuant to subdivision three of this EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09340-01-3 S. 4518 2 1 section.] When entering [an] A TEMPORARY order under this section, the 2 court shall consider and provide for, if feasible and if in the best 3 interests of the child, contact between the military service member and 4 his or her child including, but not limited to, electronic communication 5 by e-mail, webcam, telephone, or other available means. During the 6 period of the parent's leave from military service, the court shall 7 consider the best interests of the child when establishing a parenting 8 schedule, including visiting and other contact. For such purpose, a 9 "leave from service" shall be a period of not more than three months. 10 3. [Unless the parties have otherwise stipulated or agreed, if an] IF 11 A TEMPORARY order is issued under this section, IT SHALL EXPIRE WITHIN 12 TEN DAYS AFTER the return of the parent from active military service, 13 deployment or temporary assignment [shall be considered a substantial 14 change in circumstances. Upon the request of either parent, the court 15 shall determine on the basis of the child's best interests whether the 16 custody judgment or order previously in effect should be modified]. 17 4. This section shall not apply to assignments to permanent duty 18 stations or permanent changes of station. 19 S 2. Paragraph (a-2) of subdivision 1 of section 240 of the domestic 20 relations law, as added by chapter 473 of the laws of 2009, is amended 21 to read as follows: 22 (a-2) Military service by parent; effect on child custody orders. (1) 23 During the period of time that a parent is activated, deployed or tempo- 24 rarily assigned to military service, such that the parent's ability to 25 continue as a joint caretaker or the primary caretaker of a minor child 26 is materially affected by such military service, A COURT SHALL BE 27 PROHIBITED FROM ISSUING any PERMANENT orders, [issued pursuant to this 28 section] MODIFICATIONS OR AMENDMENTS based on the fact that the parent 29 is activated, deployed or temporarily assigned to military service, 30 which would [materially] IN ANY WAY affect or change a previous judgment 31 or order regarding custody of that parent's child or children as such 32 judgment or order existed on the date the parent was activated, 33 deployed, or temporarily assigned to military service[, shall be subject 34 to review pursuant to subparagraph three of this paragraph]. Any rele- 35 vant provisions of the Service Member's Civil Relief Act shall apply to 36 all proceedings governed by this section. 37 (2) During such period, the court may enter [an] A TEMPORARY order to 38 modify OR AMEND custody if there is clear and convincing evidence that 39 the TEMPORARY modification OR AMENDMENT is in the best interests of the 40 child. An attorney for the child shall be appointed in all cases where a 41 TEMPORARY modification is sought during such military service. [Such 42 order shall be subject to review pursuant to subparagraph three of this 43 paragraph.] When entering [an] A TEMPORARY order pursuant to this 44 section, the court shall consider and provide for, if feasible and if in 45 the best interests of the child, contact between the military service 46 member and his or her child, including, but not limited to, electronic 47 communication by e-mail, webcam, telephone, or other available means. 48 During the period of the parent's leave from military service, the court 49 shall consider the best interests of the child when establishing a 50 parenting schedule, including visiting and other contact. For such 51 purposes, a "leave from military service" shall be a period of not more 52 than three months. 53 (3) [Unless the parties have otherwise stipulated or agreed, if an] IF 54 A TEMPORARY order is issued pursuant to this paragraph, IT SHALL EXPIRE 55 WITHIN TEN DAYS AFTER the return of the parent from active military 56 service, deployment or temporary assignment [shall be considered a S. 4518 3 1 substantial change in circumstances. Upon the request of either parent, 2 the court shall determine on the basis of the child's best interests 3 whether the custody judgment or order previously in effect should be 4 modified]. 5 (4) This paragraph shall not apply to assignments to permanent duty 6 stations or permanent changes of station. 7 S 3. Subdivision (f) of section 651 of the family court act, as added 8 by chapter 473 of the laws of 2009, is amended to read as follows: 9 (f) Military service by parent; effect on child custody orders. 1. 10 During the period of time that a parent is activated, deployed or tempo- 11 rarily assigned to military service, such that the parent's ability to 12 continue as a joint caretaker or the primary caretaker of a minor child 13 is materially affected by such military service, A COURT SHALL BE 14 PROHIBITED FROM ISSUING any PERMANENT orders [issued pursuant to this 15 section], MODIFICATIONS OR AMENDMENTS based on the fact that the parent 16 is activated, deployed or temporarily assigned to military service, 17 which would [materially] IN ANY WAY affect or change a previous judgment 18 or order regarding custody of that parent's child or children as such 19 judgment or order existed on the date the parent was activated, 20 deployed, or temporarily assigned to military service[, shall be subject 21 to review pursuant to paragraph three of this subdivision]. Any relevant 22 provisions of the Service Member's Civil Relief Act shall apply to all 23 proceedings governed by this section. 24 2. During such period, the court may enter [an] A TEMPORARY order to 25 modify OR AMEND custody if there is clear and convincing evidence that 26 the TEMPORARY modification OR AMENDMENT is in the best interests of the 27 child. An attorney for the child shall be appointed in all cases where a 28 TEMPORARY modification is sought during such military service. [Such 29 order shall be subject to review pursuant to paragraph three of this 30 subdivision.] When entering [an] A TEMPORARY order pursuant to this 31 section, the court shall consider and provide for, if feasible and if in 32 the best interests of the child, contact between the military service 33 member and his or her child including, but not limited to, electronic 34 communication by e-mail, webcam, telephone, or other available means. 35 During the period of the parent's leave from military service, the court 36 shall consider the best interests of the child when establishing a 37 parenting schedule, including visiting and other contact. For such 38 purpose, a "leave from military service" shall be a period of not more 39 than three months. 40 3. [Unless the parties have otherwise stipulated or agreed, if an] IF 41 A TEMPORARY order is issued pursuant to this subdivision, IT SHALL 42 EXPIRE WITHIN TEN DAYS AFTER the return of the parent from active mili- 43 tary service, deployment or temporary assignment [shall be considered a 44 substantial change in circumstances. Upon the request of either parent, 45 the court shall determine on the basis of the child's best interests 46 whether the custody judgment or order previously in effect should be 47 modified]. 48 4. This subdivision shall not apply to assignments to permanent duty 49 stations or permanent changes of station. 50 S 4. This act shall take effect on the thirtieth day after it shall 51 have become a law.