S T A T E   O F   N E W   Y O R K
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                                  7523

                            I N  S E N A T E

                             April 19, 2010
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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,  in  relation  to  determi-
  nations of child custody in matrimonial actions

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

  Section 1. Section 70 of the domestic  relations  law  is  amended  by
adding a new subdivision (c) to read as follows:
  (C)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
COURT SHALL NOT CONSIDER THE DEPLOYMENT OF A PARENT IN ACTIVE SERVICE OF
THE ARMED FORCES OF THE UNITED STATES OR OF THE ORGANIZED MILITIA OF THE
STATE OF NEW YORK AS A DETRIMENTAL FACTOR TO THE AWARDING OF CUSTODY  OF
A  CHILD WHERE A SUITABLE CHILD CARE PLAN FOR THE PERIOD OF SUCH DEPLOY-
MENT HAS BEEN PRESENTED TO THE COURT BY THE PETITIONING PARENT.
  S 2. Paragraph (a) of subdivision 1 of section  240  of  the  domestic
relations law, as amended by chapter 538 of the laws of 2008, is amended
and a new subdivision 1-d is added to read as follows:
  (a)  In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or  (3)
for  a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall  require  verification  of  the
status of any child of the marriage with respect to such child's custody
and  support,  including  any  prior  orders, and shall enter orders for
custody and support as, in the  court's  discretion,  justice  requires,
having  regard  to  the  circumstances of the case and of the respective
parties and to the best interests  of  the  child  and  subject  to  the
provisions  of  [subdivision]  SUBDIVISIONS  one-c  AND  ONE-D  of  this
section. Where either party to an action  concerning  custody  of  or  a
right  to  visitation  with  a  child  alleges  in  a  sworn petition or
complaint or sworn answer, cross-petition, counterclaim or  other  sworn
responsive  pleading that the other party has committed an act of domes-
tic violence against the party making the  allegation  or  a  family  or
household  member of either party, as such family or household member is

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

                                                           LBD03474-01-9

S. 7523                             2

defined in article eight of the family court act, and  such  allegations
are  proven  by a preponderance of the evidence, the court must consider
the effect of such domestic violence upon  the  best  interests  of  the
child,  together  with  such  other facts and circumstances as the court
deems relevant in making a direction pursuant  to  this  section.  If  a
parent  makes  a  good  faith  allegation  based  on a reasonable belief
supported by facts that the child is the victim of  child  abuse,  child
neglect,  or  the  effects of domestic violence, and if that parent acts
lawfully and in good faith in response  to  that  reasonable  belief  to
protect  the  child  or  seek  treatment for the child, then that parent
shall not be deprived of custody, visitation or contact with the  child,
or  restricted  in  custody, visitation or contact, based solely on that
belief or the reasonable actions taken based on that belief. If an alle-
gation that a child is abused is supported by  a  preponderance  of  the
evidence, then the court shall consider such evidence of abuse in deter-
mining  the  visitation  arrangement that is in the best interest of the
child, and the court shall not place a child in the custody of a  parent
who  presents a substantial risk of harm to that child. An order direct-
ing the payment of child  support  shall  contain  the  social  security
numbers of the named parties. In all cases there shall be no prima facie
right  to  the  custody  of  the child in either parent.  Such direction
shall make provision for child support out of the property of either  or
both  parents. The court shall make its award for child support pursuant
to subdivision one-b of this section. Such  direction  may  provide  for
reasonable  visitation  rights to the maternal and/or paternal grandpar-
ents of any child of the parties. Such direction as it applies to rights
of visitation with a child remanded or placed in the care of  a  person,
official,  agency  or  institution pursuant to article ten of the family
court act, or pursuant to an instrument  approved  under  section  three
hundred  fifty-eight-a  of the social services law, shall be enforceable
pursuant to part eight of article  ten  of  the  family  court  act  and
sections  three hundred fifty-eight-a and three hundred eighty-four-a of
the social services law and other applicable provisions of  law  against
any  person  having  care and custody, or temporary care and custody, of
the child. Notwithstanding any  other  provision  of  law,  any  written
application  or  motion to the court for the establishment, modification
or enforcement of a child support obligation for persons not in  receipt
of  public  assistance  and care must contain either a request for child
support enforcement services which would authorize the collection of the
support obligation by the immediate issuance of an income execution  for
support  enforcement  as  provided for by this chapter, completed in the
manner specified in section one hundred eleven-g of the social  services
law;  or a statement that the applicant has applied for or is in receipt
of such services; or a statement that the applicant knows of the  avail-
ability  of  such  services,  has  declined  them at this time and where
support enforcement services pursuant to section one hundred eleven-g of
the social services law have been declined  that  the  applicant  under-
stands that an income deduction order may be issued pursuant to subdivi-
sion  (c)  of  section fifty-two hundred forty-two of the civil practice
law and rules without other child support enforcement services and  that
payment  of  an  administrative  fee  may  be  required. The court shall
provide a copy  of  any  such  request  for  child  support  enforcement
services  to  the  support  collection  unit  of  the appropriate social
services district any time it  directs  payments  to  be  made  to  such
support  collection  unit.  Additionally,  the  copy of any such request
shall be accompanied by the name, address and social security number  of

S. 7523                             3

the  parties;  the date and place of the parties' marriage; the name and
date of birth of the child or children; and the name and address of  the
employers  and  income  payors  of  the party from whom child support is
sought  or  from  the  party  ordered  to pay child support to the other
party. Such direction may require the payment of a sum or sums of  money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent  and  to  such  third persons; provided, however, that unless the
party seeking or receiving child support has applied for or is receiving
such services, the court shall not direct such payments to  be  made  to
the  support  collection  unit,  as  established  in section one hundred
eleven-h of the social services law. Every order directing  the  payment
of support shall require that if either parent currently, or at any time
in  the  future,  has  health  insurance  benefits available that may be
extended or obtained to cover the child,  such  parent  is  required  to
exercise  the  option  of additional coverage in favor of such child and
execute and deliver to such person  any  forms,  notices,  documents  or
instruments  necessary  to assure timely payment of any health insurance
claims for such child.
  1-D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  THE
COURT SHALL NOT CONSIDER THE DEPLOYMENT OF A PARENT IN ACTIVE SERVICE OF
THE ARMED FORCES OF THE UNITED STATES OR OF THE ORGANIZED MILITIA OF THE
STATE  OF NEW YORK AS A DETRIMENTAL FACTOR TO THE AWARDING OF CUSTODY OF
A CHILD TO A PETITIONING PARENT WHERE A SUITABLE CHILD CARE PLAN FOR THE
PERIOD OF SUCH DEPLOYMENT HAS  BEEN  PRESENTED  TO  THE  COURT  BY  SUCH
PARENT.
  S 3. This act shall take effect immediately.