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

                                  1693

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. RANZENHOFER, DeFRANCISCO, MAZIARZ -- 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 476 of the laws of 2009, 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

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

                                                           LBD00216-01-3

S. 1693                             2

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
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 and state
on the record how such findings, facts and circumstances  factored  into
the  direction.  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  reason-
able  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  allegation that a child is abused is supported by a preponderance of
the evidence, then the court shall consider such evidence  of  abuse  in
determining  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, and shall
state on the record how such findings were factored  into  the  determi-
nation.  An  order  directing 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 direc-
tion may provide for reasonable visitation rights to the maternal and/or
paternal  grandparents 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 custo-
dy, of the child. Notwithstanding any other provision of law, any  writ-
ten  application or motion to the court for the establishment, modifica-
tion 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  availability 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 understands that an  income  deduction  order  may  be  issued
pursuant  to  subdivision  (c) of section fifty-two hundred forty-two of

S. 1693                             3

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
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.