Senate Bill S5417

2023-2024 Legislative Session

Relates to the effect of military service on child care

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Children And Families 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

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2023-S5417 (ACTIVE) - Details

See Assembly Version of this Bill:
A3221
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2019-2020: S5543, A8395
2021-2022: S1373, A6113

2023-S5417 (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-S5417 (ACTIVE) - Sponsor Memo

2023-S5417 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5417
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07801-01-3
 S. 5417                             2

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