S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1614
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of A. HAWLEY, KOLB -- Multi-Sponsored by -- M. of A.
   McLAUGHLIN -- read once and referred to the Committee on Judiciary
 
 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.
   § 2. Paragraph (a) of subdivision 1 of section  240  of  the  domestic
 relations law, as amended by chapter 567 of the laws of 2015, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01346-01-7

 A. 1614                             2
 
 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. Where a proceeding filed pursuant to article ten or ten-A of the
 family  court act is pending at the same time as a proceeding brought in
 the supreme court involving the custody of, or right to visitation with,
 any child of a marriage, the court presiding over the  proceeding  under
 article ten or ten-A of the family court act may jointly hear the dispo-
 sitional  hearing  on  the  petition under article ten or the permanency
 hearing under article ten-A of the family court act and,  upon  referral
 from  the supreme court, the hearing to resolve the matter of custody or
 visitation in the proceeding pending  in  the  supreme  court;  provided
 however,  the  court  must determine custody or visitation in accordance
 with the terms of this section.
   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 proper-
 ty  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 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

 A. 1614                             3
 
 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
 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.
   § 3. This act shall take effect immediately.