Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to judiciary |
Feb 02, 2023 |
referred to judiciary |
Assembly Bill A3221
2023-2024 Legislative Session
Sponsored By
HUNTER
Current Bill Status - In Assembly Committee
- 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
Actions
2023-A3221 (ACTIVE) - Details
2023-A3221 (ACTIVE) - Summary
Provides for the review of a suitable child care plan to be presented by the petitioning parent for the period of deployment, including but not limited to, reasonable notice by deploying parent to other parent of deployment, procedures for parents to make out of court arrangements regarding custody and visitation during deployment; prohibits an order of permanent custody without deployed parent's consent; makes related provisions.
2023-A3221 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3221 2023-2024 Regular Sessions I N A S S E M B L Y February 2, 2023 ___________ Introduced by M. of A. HUNTER -- read once and referred to the Committee on Judiciary AN ACT to amend the domestic relations law and the family court act, in relation to the effect of military service on child care THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 1 of paragraph (a-2) of subdivision 1 of section 240 of the domestic relations law, as added by chapter 473 of the laws of 2009, is amended to read as follows: (1) During the period of time that a parent is activated, deployed or temporarily assigned to military service, such that the parent's ability to continue as a joint caretaker or the primary caretaker of a minor child is materially affected by such military service, any orders issued pursuant to this section, based on the fact that the parent is acti- vated, deployed or temporarily assigned to military service, which would materially affect or change a previous judgment or order regarding custody of that parent's child or children as such judgment or order existed on the date the parent was activated, deployed, or temporarily assigned to military service, shall be subject to review pursuant to subparagraph three of this paragraph. Any relevant provisions of the Service Member's Civil Relief Act shall apply to all proceedings governed by this section AND SHALL INCLUDE THE REVIEW OF A SUITABLE CHILD CARE PLAN PRESENTED BY THE PETITIONING PARENT FOR THE PERIOD OF SUCH DEPLOYMENT. SUCH CHILD CARE PLAN SHALL INCLUDE BUT NOT BE LIMITED TO REASONABLE NOTICE BY DEPLOYING PARENT TO OTHER PARENT OF DEPLOYMENT, PROCEDURES FOR PARENTS TO MAKE OUT OF COURT ARRANGEMENTS REGARDING CUSTODY AND VISITATION DURING DEPLOYMENT, PROHIBIT AN ORDER OF PERMANENT CUSTODY WITHOUT DEPLOYED PARENT'S CONSENT, PROVIDE FOR EXPEDITED CUSTODY IF PARENTS DO NOT AGREE THEREBY ESTABLISHING CUSTODY BEFORE DEPLOYMENT AND PROVIDE FOR A PROCEDURE FOR TERMINATION OF TEMPORARY CUSTODY WHEN PARENTS AGREE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07801-01-3
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