Assembly Bill A10347

2009-2010 Legislative Session

Creates the short-term military service guardian

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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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2009-A10347 (ACTIVE) - Details

See Senate Version of this Bill:
S2986
Law Section:
Domestic Relations Law
Laws Affected:
Add Art 6-A §§90 - 92, Dom Rel L; add §255, Mil L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1081, S3192
2013-2014: S1127
2015-2016: S801
2017-2018: S2319
2019-2020: S2954

2009-A10347 (ACTIVE) - Summary

Creates the short term military service guardian; parent w/o joint custody may appoint service guardian; maximum 180 days.

2009-A10347 (ACTIVE) - Sponsor Memo

2009-A10347 (ACTIVE) - Bill Text download pdf

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

                                  10347

                          I N  A S S E M B L Y

                             March 18, 2010
                               ___________

Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
  tee on Judiciary

AN  ACT  to  amend  the  domestic relations law and the military law, in
  relation to the creation of the short-term military service guardian

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

  Section 1. The domestic relations law is amended by adding a new arti-
cle 6-A to read as follows:
                               ARTICLE 6-A
                  SHORT-TERM MILITARY SERVICE GUARDIAN
SECTION 90. DEFINITIONS.
        91. SHORT-TERM MILITARY SERVICE GUARDIAN.
        92. DUTIES OF A SHORT-TERM MILITARY SERVICE GUARDIAN OF A MINOR.
  S  90.  DEFINITIONS.  "SHORT-TERM  MILITARY  SERVICE GUARDIAN" MEANS A
GUARDIAN OF THE PERSON OF A MINOR, AS APPOINTED UNDER SECTION NINETY-ONE
OF THIS ARTICLE, EFFECTIVE ON THE DATE OF THE APPOINTMENT OR  TO  BECOME
EFFECTIVE  AT  A  LATER  DATE  UNDER SECTION NINETY-ONE OF THIS ARTICLE,
EXCEPT THAT A  SHORT-TERM  MILITARY  SERVICE  GUARDIAN  SHALL  HAVE  THE
AUTHORITY  TO  APPLY  FOR AND RECEIVE ON BEHALF OF THE MINOR BENEFITS TO
WHICH THE CHILD MAY BE ENTITLED FROM OR UNDER FEDERAL, STATE,  OR  LOCAL
ORGANIZATIONS OR PROGRAMS.
  S  91.  SHORT-TERM  MILITARY SERVICE GUARDIAN. 1.   A PERSON WHO IS IN
ACTIVE MILITARY SERVICE AND WHO IS A PARENT, ADOPTIVE PARENT, OR ADJUDI-
CATED PARENT WHO HAS PHYSICAL CUSTODY OF A MINOR CHILD AND WHO DOES  NOT
SHARE  JOINT CUSTODY OF THE CHILD MAY APPOINT IN WRITING, WITH NOTICE TO
THE OTHER LIVING PARENT OF THE CHILD AND TO THE COURT  AS  DESCRIBED  IN
SUBDIVISION  TWO OF THIS SECTION, A SHORT-TERM MILITARY SERVICE GUARDIAN
OF THE MINOR CHILD. THE WRITTEN INSTRUMENT APPOINTING A SHORT-TERM MILI-
TARY SERVICE GUARDIAN SHALL BE DATED AND SHALL IDENTIFY  THE  APPOINTING
PARENT,  THE OTHER LIVING PARENT, THE MINOR, AND THE PERSON APPOINTED TO
BE THE SHORT-TERM MILITARY  SERVICE  GUARDIAN.  THE  WRITTEN  INSTRUMENT
SHALL BE SIGNED BY, OR AT THE DIRECTION OF, THE APPOINTING PARENT IN THE
PRESENCE  OF AT LEAST TWO CREDIBLE WITNESSES, AT LEAST EIGHTEEN YEARS OF
AGE, NEITHER OF WHOM IS RELATED TO THE PARENT NOR THE  PERSON  APPOINTED

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

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