NY State Assembly Bill 2009-A10347

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 14, 2010	enacting clause stricken
Mar 18, 2010	referred to judiciary

2009-A10347 (ACTIVE) - Details

See Senate Version of this Bill:: S2986
Law Section:: Domestic Relations Law
Laws Affected:: Add Art 6-A §§90 - 92, Dom Rel L; add §255, Mil L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1081, S3192
2013-2014: S1127
2015-2016: S801
2017-2018: S2319
2019-2020: S2954

2009-A10347 (ACTIVE) - Summary

Creates the short term military service guardian; parent w/o joint custody may appoint service guardian; maximum 180 days.

2009-A10347 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10347

TITLE OF BILL:  An act to amend the domestic relations law and the mili-
tary 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 mili-
tary 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 fond.    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  deploy-
ment  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 255 to Provide
that  child  custody proceedings filed in a court of competent jurisdic-
tion involving a short-term military service guardian shall be  governed
by Article 5-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:  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.

2009-A10347 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10347

                          I N  A S S E M B L Y

                             March 18, 2010
                               ___________

Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
  tee on Judiciary

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The domestic relations law is amended by adding a new arti-
cle 6-A to read as follows:
                               ARTICLE 6-A
                  SHORT-TERM MILITARY SERVICE GUARDIAN
SECTION 90. DEFINITIONS.
        91. SHORT-TERM MILITARY SERVICE GUARDIAN.
        92. DUTIES OF A SHORT-TERM MILITARY SERVICE GUARDIAN OF A MINOR.
  S  90.  DEFINITIONS.  "SHORT-TERM  MILITARY  SERVICE GUARDIAN" MEANS A
GUARDIAN OF THE PERSON OF A MINOR, AS APPOINTED UNDER SECTION NINETY-ONE
OF THIS ARTICLE, EFFECTIVE ON THE DATE OF THE APPOINTMENT OR  TO  BECOME
EFFECTIVE  AT  A  LATER  DATE  UNDER SECTION NINETY-ONE OF THIS ARTICLE,
EXCEPT THAT A  SHORT-TERM  MILITARY  SERVICE  GUARDIAN  SHALL  HAVE  THE
AUTHORITY  TO  APPLY  FOR AND RECEIVE ON BEHALF OF THE MINOR BENEFITS TO
WHICH THE CHILD MAY BE ENTITLED FROM OR UNDER FEDERAL, STATE,  OR  LOCAL
ORGANIZATIONS OR PROGRAMS.
  S  91.  SHORT-TERM  MILITARY SERVICE GUARDIAN. 1.   A PERSON WHO IS IN
ACTIVE MILITARY SERVICE AND WHO IS A PARENT, ADOPTIVE PARENT, OR ADJUDI-
CATED PARENT WHO HAS PHYSICAL CUSTODY OF A MINOR CHILD AND WHO DOES  NOT
SHARE  JOINT CUSTODY OF THE CHILD MAY APPOINT IN WRITING, WITH NOTICE TO
THE OTHER LIVING PARENT OF THE CHILD AND TO THE COURT  AS  DESCRIBED  IN
SUBDIVISION  TWO OF THIS SECTION, A SHORT-TERM MILITARY SERVICE GUARDIAN
OF THE MINOR CHILD. THE WRITTEN INSTRUMENT APPOINTING A SHORT-TERM MILI-
TARY SERVICE GUARDIAN SHALL BE DATED AND SHALL IDENTIFY  THE  APPOINTING
PARENT,  THE OTHER LIVING PARENT, THE MINOR, AND THE PERSON APPOINTED TO
BE THE SHORT-TERM MILITARY  SERVICE  GUARDIAN.  THE  WRITTEN  INSTRUMENT
SHALL BE SIGNED BY, OR AT THE DIRECTION OF, THE APPOINTING PARENT IN THE
PRESENCE  OF AT LEAST TWO CREDIBLE WITNESSES, AT LEAST EIGHTEEN YEARS OF
AGE, NEITHER OF WHOM IS RELATED TO THE PARENT NOR THE  PERSON  APPOINTED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD07414-03-9

A. 10347                            2

AS THE SHORT-TERM MILITARY SERVICE GUARDIAN. THE PERSON APPOINTED AS THE
SHORT-TERM MILITARY SERVICE GUARDIAN SHALL ALSO SIGN THE WRITTEN INSTRU-
MENT, BUT NEED NOT SIGN AT THE SAME TIME AS THE APPOINTING PARENT.
  2.  A  PARENT SHALL NOT APPOINT A SHORT-TERM MILITARY SERVICE GUARDIAN
OF A MINOR CHILD IF THE CHILD HAS ANOTHER LIVING PARENT, ADOPTIVE PARENT
OR ADJUDICATED PARENT:
  (A) WHO HAS JOINT CUSTODY OF THE CHILD,
  (B) WHOSE PARENTAL RIGHTS HAVE NOT BEEN TERMINATED,
  (C) WHOSE WHEREABOUTS ARE KNOWN, AND
  (D) WHO IS WILLING AND ABLE TO MAKE AND  CARRY  OUT  DAY-TO-DAY  CHILD
CARE  DECISIONS  CONCERNING  THE MINOR, UNLESS THE NON-APPOINTING PARENT
CONSENTS TO  THE  APPOINTMENT  BY  SIGNING  THE  WRITTEN  INSTRUMENT  OF
APPOINTMENT.
  3. THE APPOINTING PARENT SHALL ATTACH TO THE WRITTEN INSTRUMENT HIS OR
HER SWORN STATEMENT OF MAILING THAT STATES HE OR SHE SENT, NO LATER THAN
TWO  DAYS  AFTER  THE WRITTEN INSTRUMENT WAS COMPLETED, COPIES OF HIS OR
HER SWORN STATEMENT OF MAILING AND THE WRITTEN INSTRUMENT CONTAINING ALL
REQUIRED SIGNATURES AND DATES BY CERTIFIED OR  REGISTERED  MAIL,  RETURN
RECEIPT REQUESTED TO:
  (A) THE LAST KNOWN ADDRESS OF THE OTHER LIVING PARENT,
  (B)  THE COURT WHICH ISSUED THE ORDER THAT AWARDED PHYSICAL CUSTODY OF
THE CHILD TO THE APPOINTING PARENT,
  (C) THE COURT (IF DIFFERENT  FROM  THE  COURT  THAT  AWARDED  PHYSICAL
CUSTODY  OF  THE  CHILD  TO THE APPOINTING PARENT) WHICH ISSUED THE LAST
ORDER THAT CONCERNS THE CHILD, THE CHILD'S SUPPORT,  OR  CUSTODY  OF  OR
VISITATION WITH THE CHILD, AND
  (D)  IF THERE IS NO COURT ORDER, THEN TO THE COURT CLERK IN THE COUNTY
IN WHICH THE CHILD RESIDES.
  4.  THE APPOINTMENT OF THE SHORT-TERM  MILITARY  SERVICE  GUARDIAN  IS
EFFECTIVE  IMMEDIATELY UPON THE DATE THE WRITTEN INSTRUMENT IS EXECUTED,
UNLESS THE WRITTEN INSTRUMENT PROVIDES FOR  THE  APPOINTMENT  TO  BECOME
EFFECTIVE  UPON  A  LATER  SPECIFIED  DATE  OR EVENT. THE APPOINTMENT IS
EFFECTIVE WITHOUT COURT APPROVAL. THE SHORT-TERM MILITARY SERVICE GUARD-
IAN SHALL HAVE AUTHORITY TO ACT AS GUARDIAN OF THE MINOR AS PROVIDED  IN
ARTICLE SIX OF THIS CHAPTER FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS FROM
THE  DATE  THE  APPOINTMENT  IS  EFFECTIVE UNLESS THE WRITTEN INSTRUMENT
PROVIDES FOR THE APPOINTMENT TO TERMINATE UPON AN EARLIER SPECIFIED DATE
OR EVENT.  ONLY ONE WRITTEN INSTRUMENT APPOINTING A SHORT-TERM  MILITARY
SERVICE  GUARDIAN  MAY  BE  IN  FORCE  AT  ANY GIVEN TIME, BUT A WRITTEN
INSTRUMENT PREPARED IN ACCORDANCE WITH THE  SAME  REQUIREMENTS  OF  THIS
SECTION MAY REAPPOINT THE SHORT-TERM MILITARY SERVICE GUARDIAN OR NAME A
DIFFERENT  SUCCESSOR  SHORT-TERM  MILITARY SERVICE GUARDIAN FOR AN ADDI-
TIONAL PERIOD OF  ONE  HUNDRED  EIGHTY  DAYS.  A  REAPPOINTMENT  OR  THE
APPOINTMENT  OF  A SUCCESSOR SHORT-TERM MILITARY SERVICE GUARDIAN MAY BE
ACCOMPLISHED BY A WRITTEN INSTRUMENT COMPLETED BEFORE THE EXPIRATION  OF
THE FIRST WRITTEN INSTRUMENT.
  5.  EVERY APPOINTMENT OF A SHORT-TERM MILITARY SERVICE GUARDIAN MAY BE
AMENDED OR REVOKED BY THE APPOINTING PARENT OF THE MINOR AT ANY TIME AND
IN ANY MANNER COMMUNICATED TO THE SHORT-TERM MILITARY  SERVICE  GUARDIAN
OR  TO  ANY  OTHER PERSON. ANY PERSON OTHER THAN THE SHORT-TERM MILITARY
SERVICE GUARDIAN TO WHOM A REVOCATION OR AMENDMENT  IS  COMMUNICATED  OR
DELIVERED  SHALL  MAKE  ALL  REASONABLE EFFORTS TO INFORM THE SHORT-TERM
MILITARY SERVICE GUARDIAN OF THAT FACT AS PROMPTLY AS POSSIBLE.
  6. THE APPOINTMENT  OF  A  SHORT-TERM  MILITARY  SERVICE  GUARDIAN  OR
SUCCESSOR  SHORT-TERM  MILITARY  SERVICE  GUARDIAN  DOES  NOT AFFECT THE
RIGHTS OF THE OTHER PARENT IN THE MINOR.

A. 10347                            3

  7. THE WRITTEN INSTRUMENT APPOINTING  A  SHORT-TERM  MILITARY  SERVICE
GUARDIAN MAY, BUT NEED NOT, BE IN THE FOLLOWING FORM:
           APPOINTMENT OF SHORT-TERM MILITARY SERVICE GUARDIAN
           IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS
  BY  PROPERLY  COMPLETING  THIS  FORM,  A  PARENT OF THE MINOR CHILD IS
APPOINTING A SHORT-TERM MILITARY SERVICE GUARDIAN  OF  A  CHILD  OF  THE
PARENT  FOR A PERIOD OF UP TO ONE HUNDRED EIGHTY (180) DAYS.  A SEPARATE
FORM SHOULD BE COMPLETED FOR EACH CHILD. THE  PERSON  APPOINTED  AS  THE
SHORT-TERM MILITARY SERVICE GUARDIAN MUST SIGN THE FORM, BUT NEED NOT DO
SO  AT  THE SAME TIME AS THE PARENT OR PARENTS. THIS FORM MAY BE USED TO
REAPPOINT A SHORT-TERM MILITARY SERVICE GUARDIAN OR TO APPOINT A SUCCES-
SOR SHORT-TERM MILITARY SERVICE GUARDIAN SO AS TO EXTEND THE ENTIRE TIME
OF THE GUARDIANSHIP TO A PERIOD OF THREE HUNDRED SIXTY (360) DAYS.  BOTH
LIVING  PARENTS  OF  A  CHILD MAY TOGETHER APPOINT A SHORT-TERM MILITARY
SERVICE GUARDIAN OF THE CHILD FOR A PERIOD OF UP TO THREE HUNDRED  SIXTY
(360)  DAYS  THROUGH  THE  USE  OF THIS FORM. IF THE SHORT-TERM MILITARY
SERVICE GUARDIAN IS APPOINTED BY BOTH LIVING PARENTS OF THE  CHILD,  THE
PARENTS NEED NOT SIGN THE FORM AT THE SAME TIME.
  1.  PARENT  AND CHILD. I (INSERT NAME OF APPOINTING PARENT), CURRENTLY
RESIDING AT (INSERT ADDRESS OF APPOINTING PARENT), AM A  PARENT  OF  THE
FOLLOWING CHILD: (INSERT NAME AND DATE OF BIRTH OF CHILD).
  2.  GUARDIAN.  I HEREBY APPOINT THE FOLLOWING PERSON AS THE SHORT-TERM
MILITARY SERVICE GUARDIAN FOR THE CHILD: (INSERT  NAME  AND  ADDRESS  OF
APPOINTED PERSON).
  3.  EFFECTIVE  DATE. THIS APPOINTMENT BECOMES EFFECTIVE: (CHECK ONE IF
YOU WISH IT TO BE APPLICABLE)
  ( ) ON THE DATE THAT I STATE IN WRITING THAT I AM NO  LONGER  ABLE  TO
MAKE  AND CARRY OUT DAY-TO-DAY CHILD CARE DECISIONS CONCERNING THE CHILD
BECAUSE OF MY ACTIVE DUTY STATUS IN THE MILITARY.
  ( ) ON THE FOLLOWING DATE: (INSERT DATE).
  ( ) OTHER (INSERT OTHER).
  (NOTE: IF THIS ITEM IS NOT COMPLETED,  THE  APPOINTMENT  IS  EFFECTIVE
IMMEDIATELY UPON THE DATE THE FORM IS SIGNED AND DATED BELOW.)
  4.  TERMINATION.  THIS  APPOINTMENT SHALL TERMINATE ONE HUNDRED EIGHTY
(180) DAYS AFTER THE EFFECTIVE DATE,  UNLESS  IT  TERMINATES  SOONER  AS
DETERMINED  BY  THE EVENT OR DATE I HAVE INDICATED BELOW:  (CHECK ONE IF
YOU WISH IT TO BE APPLICABLE)
  ( ) ON THE DATE THAT I STATE IN WRITING THAT I AM WILLING AND ABLE  TO
MAKE AND CARRY OUT DAY-TO-DAY CHILD CARE DECISIONS CONCERNING THE CHILD.
  ( ) ON THE DATE WHICH IS (STATE A NUMBER OF DAYS, BUT NO MORE THAN ONE
HUNDRED EIGHTY (180) DAYS) DAYS AFTER THE EFFECTIVE DATE.
  (  )  OTHER: (INSERT OTHER). (NOTE: IF THIS ITEM IS NOT COMPLETED, THE
APPOINTMENT WILL BE EFFECTIVE FOR A PERIOD OF ONE HUNDRED  EIGHTY  (180)
DAYS, BEGINNING ON THE EFFECTIVE DATE.)
  5.  DATE  AND SIGNATURE OF APPOINTING PARENT. THIS APPOINTMENT IS MADE
THIS (INSERT DAY) DAY OF (INSERT MONTH AND YEAR).
  SIGNED: (APPOINTING PARENT)
  6. WITNESSES. I SAW THE APPOINTING PARENT SIGN THIS  INSTRUMENT  OR  I
SAW  THE  PARENT  DIRECT SOMEONE TO SIGN THIS INSTRUMENT FOR THE PARENT.
THEN I SIGNED THIS INSTRUMENT AS  A  WITNESS  IN  THE  PRESENCE  OF  THE
PARENT.  I  AM NOT APPOINTED IN THIS INSTRUMENT TO ACT AS THE SHORT-TERM
MILITARY SERVICE GUARDIAN FOR THE CHILD. I AM NOT RELATED TO THE  PARENT
OR  TO THE PERSON APPOINTED AS THE SHORT-TERM MILITARY SERVICE GUARDIAN.
(INSERT SPACE FOR NAMES, ADDRESSES, AND SIGNATURES OF TWO (2) WITNESSES)

A. 10347                            4

  7. ACCEPTANCE OF SHORT-TERM MILITARY SERVICE GUARDIAN. I  ACCEPT  THIS
APPOINTMENT AS SHORT-TERM MILITARY SERVICE GUARDIAN ON THIS (INSERT DAY)
DAY OF (INSERT MONTH AND YEAR).
  SIGNED: (SHORT-TERM MILITARY SERVICE GUARDIAN)
  8.  CONSENT  OF  CHILD'S OTHER PARENT-IF APPLICABLE. I (INSERT NAME OF
THE CHILD'S OTHER LIVING PARENT), CURRENTLY RESIDING AT (INSERT  ADDRESS
OF  CHILD'S  OTHER LIVING PARENT), HEREBY CONSENT TO THIS APPOINTMENT ON
THIS (INSERT DAY) DAY OF (INSERT MONTH AND YEAR).
  SIGNED: (CONSENTING PARENT)
  (NOTE: THE SIGNATURE OF A CONSENTING PARENT IS NOT NECESSARY IF ONE OF
THE FOLLOWING APPLIES: (I) THE OTHER PARENT DOES NOT HAVE JOINT  CUSTODY
OF  THE  CHILD;  (II)  THE  CHILD'S  OTHER PARENT HAS DIED; OR (III) THE
WHEREABOUTS OF THE CHILD'S OTHER PARENT  ARE  NOT  KNOWN;  OR  (IV)  THE
CHILD'S  OTHER  PARENT  IS  NOT  WILLING  OR  ABLE TO MAKE AND CARRY OUT
DAY-TO-DAY CHILD CARE DECISIONS CONCERNING THE CHILD;  (V)  THE  CHILD'S
PARENTS WERE NEVER MARRIED AND NO COURT HAS ISSUED AN ORDER ESTABLISHING
PARENTAGE;  OR (VI) THE PARENTAL RIGHTS OF THE CHILD'S OTHER PARENT HAVE
BEEN TERMINATED BY A COURT ORDER.)
  SWORN STATEMENT OF MAILING
  I (INSERT NAME OF APPOINTING PARENT), CURRENTLY  RESIDING  AT  (INSERT
ADDRESS  OF APPOINTING PARENT), DELIVERED A SIGNED AND DATED COPY OF THE
ATTACHED APPOINTMENT OF SHORT-TERM MILITARY SERVICE GUARDIAN BY DEPOSIT-
ING IT IN A UNITED STATES POST OFFICE OR POST OFFICE BOX, ENCLOSED IN AN
ENVELOPE, PLAINLY ADDRESSED TO EACH PERSON OR OFFICE AT THE  APPROPRIATE
ADDRESS  LISTED BELOW, WITH POSTAGE FULLY PREPAID FOR DELIVERY BY CERTI-
FIED OR REGISTERED MAIL TO:
  (1) (NAME OF OTHER LIVING PARENT)  (INSERT  ADDRESS  OF  OTHER  LIVING
PARENT);
  (2)  NAME  OF  THE  COURT WHICH ISSUED THE ORDER THAT AWARDED PHYSICAL
CUSTODY OF THE CHILD TO THE APPOINTING PARENT (INSERT ADDRESS OF COURT);
  (3) THE COURT WHICH ISSUED THE LAST ORDER THAT CONCERNS THE CHILD, THE
CHILD'S SUPPORT, CUSTODY OR VISITATION WITH THE CHILD (INSERT ADDRESS OF
COURT); AND
  (4) IF THERE IS NO COURT ORDER, THEN TO THE COURT CLERK IN THE  COUNTY
IN WHICH THE CHILD RESIDES (INSERT ADDRESS OF COURT CLERK)
  DATE  AND  SIGNATURE. DATED THIS (INSERT DAY) DAY OF (INSERT MONTH AND
YEAR).
  SIGNED:  (DESIGNATING PARENT OR GUARDIAN)
  COUNTY OF __________________________________
  STATE OF  __________________________________
  ON THIS (INSERT DAY) OF (INSERT MONTH AND YEAR) AT  (INSERT  CITY  AND
STATE), (INSERT NAME OF APPOINTING PARENT), APPEARED BEFORE ME, A NOTARY
PUBLIC  OF  AND FOR THE COUNTY AND STATE FIRST ABOVE WRITTEN AND IDENTI-
FIED HIMSELF OR HERSELF TO BE OR PERSONALLY KNOWN TO ME TO  BE,  (INSERT
NAME OF APPOINTING PARENT) AND BEING FIRST DULY SWORN, SIGNED HIS OR HER
SIGNATURE ABOVE.
  (SEAL)
  SIGNED (NAME OF NOTARY PUBLIC)
  (PRINTED NAME OF NOTARY PUBLIC)
  S  92. DUTIES OF A SHORT-TERM MILITARY SERVICE GUARDIAN OF A MINOR. 1.
IMMEDIATELY UPON THE EFFECTIVE DATE OR THE APPOINTMENT OF  A  SHORT-TERM
MILITARY  SERVICE  GUARDIAN,  THE  SHORT-TERM  MILITARY SERVICE GUARDIAN
SHALL ASSUME ALL DUTIES AS SHORT-TERM MILITARY SERVICE GUARDIAN  OF  THE
MINOR AS PROVIDED IN THIS SECTION. THE SHORT-TERM MILITARY SERVICE GUAR-
DIAN  OF  THE  PERSON SHALL HAVE AUTHORITY TO ACT AS SHORT-TERM MILITARY
SERVICE GUARDIAN WITHOUT DIRECTION OF COURT, FOR  THE  DURATION  OF  THE

A. 10347                            5

APPOINTMENT WHICH IN NO CASE SHALL EXCEED A PERIOD OF ONE HUNDRED EIGHTY
DAYS.  THE  AUTHORITY OF THE SHORT-TERM MILITARY SERVICE GUARDIAN MAY BE
LIMITED OR TERMINATED BY A COURT OF COMPETENT JURISDICTION.
  2.  UNLESS  FURTHER  SPECIFICALLY LIMITED BY THE INSTRUMENT APPOINTING
THE SHORT-TERM MILITARY SERVICE GUARDIAN, A SHORT-TERM MILITARY  SERVICE
GUARDIAN  SHALL HAVE THE AUTHORITY TO ACT AS A GUARDIAN OF THE PERSON OF
A MINOR AS PRESCRIBED IN ARTICLE SIX OF THIS CHAPTER, BUT SHALL NOT HAVE
ANY AUTHORITY TO ACT AS GUARDIAN OF THE ESTATE OF A MINOR, EXCEPT THAT A
SHORT-TERM MILITARY SERVICE GUARDIAN SHALL HAVE THE AUTHORITY  TO  APPLY
FOR  AND  RECEIVE ON BEHALF OF THE MINOR BENEFITS TO WHICH THE CHILD MAY
BE ENTITLED FROM OR UNDER  FEDERAL,  STATE  OR  LOCAL  ORGANIZATIONS  OR
PROGRAMS.
  S  2.  The military law is amended by adding a new section 255 to read
as follows:
  S 255. SHORT-TERM MILITARY SERVICE GUARDIAN. NOTWITHSTANDING ANY  LAW,
RULE OR REGULATION TO THE CONTRARY, CHILD CUSTODY PROCEEDINGS FILED IN A
COURT  OF  COMPETENT  JURISDICTION IN THIS STATE, INVOLVING A SHORT-TERM
MILITARY SERVICE GUARDIAN SHALL BE GOVERNED  BY  ARTICLE  SIX-A  OF  THE
DOMESTIC RELATIONS LAW.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Assembly Bill A10347

Sponsored By

Archive: Last Bill Status - Stricken

2009-A10347 (ACTIVE) - Details

2009-A10347 (ACTIVE) - Summary

2009-A10347 (ACTIVE) - Sponsor Memo

2009-A10347 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10347

Share this bill

Sponsored By

CASTELLI

Archive: Last Bill Status - Stricken

2009-A10347 (ACTIVE) - Details

2009-A10347 (ACTIVE) - Summary

2009-A10347 (ACTIVE) - Sponsor Memo

2009-A10347 (ACTIVE) - Bill Text download pdf

Comments