senate Bill S1127

Amended

Creates the short-term military service guardian

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 11 / Jan / 2013
    • AMEND AND RECOMMIT TO JUDICIARY
  • 11 / Jan / 2013
    • PRINT NUMBER 1127A
  • 16 / Apr / 2013
    • 1ST REPORT CAL.295
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 24 / Apr / 2013
    • PASSED SENATE
  • 24 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Apr / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 28 / Jan / 2014
    • 1ST REPORT CAL.77
  • 03 / Feb / 2014
    • 2ND REPORT CAL.
  • 04 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 10 / Feb / 2014
    • PASSED SENATE
  • 10 / Feb / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Feb / 2014
    • REFERRED TO JUDICIARY

Summary

Creates the short term military service guardian; allows parent w/o joint custody to appoint service guardian; provides for a maximum appointment of 180 days.

do you support this bill?

Bill Details

Versions:
S1127
S1127A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Add Art 6-A §§90 - 92, Dom Rel L; add §255, Mil L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3192
2009-2010: S2986

Sponsor Memo

BILL NUMBER:S1127

TITLE OF BILL:
An act
to amend the domestic relations law and the military law, in relation to
the creation of the short-term military service guardian

PURPOSE AND JUSTIFICATION: This bill would create a
simple and straightforward mechanism for parents or guardians who find
themselves deployed for short term military service to appoint a short
term military guardian for their minor child or children while they are
serving their country. This bill only applies to situations where the
parent in active military service has physical custody, and does not
share joint custody. Such appointment cannot be made if there is another
living parent whose whereabouts are known and whose parental rights have
not been terminated, and who is able and willing to assume the
day-to-day child care decisions, unless the appointment is consented to
by such other parent. The original appointment is for no longer than 180
days, but the guardian can be reappointed by executing a new form. The
law makes clear that such an appointment does not affect any other
parent's rights.

With all the other worries and considerations that come with a
deployment for military service, parents or guardians who are called
upon to serve their country should be able to chose a guardian for their
infant children during their deployment without undue complication.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates a
new Article 6-A,

"Short-Term Military Service Guardian", in the Domestic Relations Law.

Section 90 defines "short-term military service guardian".

Section 91 sets forth:

1. When a parent or guardian may appoint a short-term military guardian;

2. Limitations when such a guardian may not be appointed;

3. Notice requirements for such appointment;

4. Effective date of such appointment;

5. Each appointment may be amended or revoked by the parent at any time;

6. Such an appointment does not affect the rights of the other parent;

7. Suggests a form to be used for such an appointment.

Section 92 sets forth the duties and authority of the short-term
military guardian.

Section 2 amends the Military Law by adding a new section 253 to provide
that child custody proceedings filed in a court of competent


jurisdiction involving a short-term military service guardian shall be
governed by Article 6-A of the Domestic Relations Law.

Section 3 provides that the act shall take effect on the one hundred
twentieth day after it shall have become law.

PRIOR LEGISLATIVE HISTORY:
2011-12 - S.3192/A.1081 -- PASSED SENATE/Judiciary
2010 - S.2986/A.5882-A -- CODES/Judiciary
2008 - S.7121/A.10986 -- JUDICIARY/Judiciary

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become law.

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

                                  1127

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. RANZENHOFER, DeFRANCISCO, GALLIVAN, LARKIN, MAZIARZ,
  SEWARD  --  read  twice  and  ordered  printed, and when printed to be
  committed to the Committee 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04843-01-3

S. 1127                             2

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
AS THE SHORT-TERM MILITARY SERVICE GUARDIAN. THE PERSON APPOINTED AS THE
SHORT-TERM MILITARY SERVICE GUARDIAN SHALL ALSO SIGN THE WRITTEN INSTRU-
MENT, BUT NEED NOT SIGN AT THE SAME TIME AS THE APPOINTING PARENT.
  2.  A  PARENT SHALL NOT APPOINT A SHORT-TERM MILITARY SERVICE GUARDIAN
OF A MINOR CHILD IF THE CHILD HAS ANOTHER LIVING PARENT, ADOPTIVE PARENT
OR ADJUDICATED PARENT:
  (A) WHO HAS JOINT CUSTODY OF THE CHILD,
  (B) WHOSE PARENTAL RIGHTS HAVE NOT BEEN TERMINATED,
  (C) WHOSE WHEREABOUTS ARE KNOWN, AND
  (D) WHO IS WILLING AND ABLE TO MAKE AND  CARRY  OUT  DAY-TO-DAY  CHILD
CARE  DECISIONS  CONCERNING  THE MINOR, UNLESS THE NON-APPOINTING PARENT
CONSENTS TO  THE  APPOINTMENT  BY  SIGNING  THE  WRITTEN  INSTRUMENT  OF
APPOINTMENT.
  3. THE APPOINTING PARENT SHALL ATTACH TO THE WRITTEN INSTRUMENT HIS OR
HER SWORN STATEMENT OF MAILING THAT STATES HE OR SHE SENT, NO LATER THAN
TWO  DAYS  AFTER  THE WRITTEN INSTRUMENT WAS COMPLETED, COPIES OF HIS OR
HER SWORN STATEMENT OF MAILING AND THE WRITTEN INSTRUMENT CONTAINING ALL
REQUIRED SIGNATURES AND DATES BY CERTIFIED OR  REGISTERED  MAIL,  RETURN
RECEIPT REQUESTED TO:
  (A) THE LAST KNOWN ADDRESS OF THE OTHER LIVING PARENT,
  (B)  THE COURT WHICH ISSUED THE ORDER THAT AWARDED PHYSICAL CUSTODY OF
THE CHILD TO THE APPOINTING PARENT,
  (C) THE COURT (IF DIFFERENT  FROM  THE  COURT  THAT  AWARDED  PHYSICAL
CUSTODY  OF  THE  CHILD  TO THE APPOINTING PARENT) WHICH ISSUED THE LAST
ORDER THAT CONCERNS THE CHILD, THE CHILD'S SUPPORT,  OR  CUSTODY  OF  OR
VISITATION WITH THE CHILD, AND
  (D)  IF THERE IS NO COURT ORDER, THEN TO THE COURT CLERK IN THE COUNTY
IN WHICH THE CHILD RESIDES.
  4.  THE APPOINTMENT OF THE SHORT-TERM  MILITARY  SERVICE  GUARDIAN  IS
EFFECTIVE  IMMEDIATELY UPON THE DATE THE WRITTEN INSTRUMENT IS EXECUTED,
UNLESS THE WRITTEN INSTRUMENT PROVIDES FOR  THE  APPOINTMENT  TO  BECOME
EFFECTIVE  UPON  A  LATER  SPECIFIED  DATE  OR EVENT. THE APPOINTMENT IS
EFFECTIVE WITHOUT COURT APPROVAL. THE SHORT-TERM MILITARY SERVICE GUARD-
IAN SHALL HAVE AUTHORITY TO ACT AS GUARDIAN OF THE MINOR AS PROVIDED  IN
ARTICLE SIX OF THIS CHAPTER FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS FROM
THE  DATE  THE  APPOINTMENT  IS  EFFECTIVE UNLESS THE WRITTEN INSTRUMENT
PROVIDES FOR THE APPOINTMENT TO TERMINATE UPON AN EARLIER SPECIFIED DATE
OR EVENT.  ONLY ONE WRITTEN INSTRUMENT APPOINTING A SHORT-TERM  MILITARY
SERVICE  GUARDIAN  MAY  BE  IN  FORCE  AT  ANY GIVEN TIME, BUT A WRITTEN
INSTRUMENT PREPARED IN ACCORDANCE WITH THE  SAME  REQUIREMENTS  OF  THIS
SECTION MAY REAPPOINT THE SHORT-TERM MILITARY SERVICE GUARDIAN OR NAME A
DIFFERENT  SUCCESSOR  SHORT-TERM  MILITARY SERVICE GUARDIAN FOR AN ADDI-
TIONAL PERIOD OF  ONE  HUNDRED  EIGHTY  DAYS.  A  REAPPOINTMENT  OR  THE
APPOINTMENT  OF  A SUCCESSOR SHORT-TERM MILITARY SERVICE GUARDIAN MAY BE
ACCOMPLISHED BY A WRITTEN INSTRUMENT COMPLETED BEFORE THE EXPIRATION  OF
THE FIRST WRITTEN INSTRUMENT.
  5.  EVERY APPOINTMENT OF A SHORT-TERM MILITARY SERVICE GUARDIAN MAY BE
AMENDED OR REVOKED BY THE APPOINTING PARENT OF THE MINOR AT ANY TIME AND
IN ANY MANNER COMMUNICATED TO THE SHORT-TERM MILITARY  SERVICE  GUARDIAN
OR  TO  ANY  OTHER PERSON. ANY PERSON OTHER THAN THE SHORT-TERM MILITARY
SERVICE GUARDIAN TO WHOM A REVOCATION OR AMENDMENT  IS  COMMUNICATED  OR

S. 1127                             3

DELIVERED  SHALL  MAKE  ALL  REASONABLE EFFORTS TO INFORM THE SHORT-TERM
MILITARY SERVICE GUARDIAN OF THAT FACT AS PROMPTLY AS POSSIBLE.
  6.  THE  APPOINTMENT  OF  A  SHORT-TERM  MILITARY  SERVICE GUARDIAN OR
SUCCESSOR SHORT-TERM MILITARY  SERVICE  GUARDIAN  DOES  NOT  AFFECT  THE
RIGHTS OF THE OTHER PARENT IN THE MINOR.
  7.  THE  WRITTEN  INSTRUMENT  APPOINTING A SHORT-TERM MILITARY SERVICE
GUARDIAN MAY, BUT NEED NOT, BE IN THE FOLLOWING FORM:
           APPOINTMENT OF SHORT-TERM MILITARY SERVICE GUARDIAN
           IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS
  BY PROPERLY COMPLETING THIS FORM, A  PARENT  OF  THE  MINOR  CHILD  IS
APPOINTING  A  SHORT-TERM  MILITARY  SERVICE  GUARDIAN OF A CHILD OF THE
PARENT FOR A PERIOD OF UP TO ONE HUNDRED EIGHTY (180) DAYS.  A  SEPARATE
FORM  SHOULD  BE  COMPLETED  FOR EACH CHILD. THE PERSON APPOINTED AS THE
SHORT-TERM MILITARY SERVICE GUARDIAN MUST SIGN THE FORM, BUT NEED NOT DO
SO AT THE SAME TIME AS THE PARENT OR PARENTS. THIS FORM MAY BE  USED  TO
REAPPOINT A SHORT-TERM MILITARY SERVICE GUARDIAN OR TO APPOINT A SUCCES-
SOR SHORT-TERM MILITARY SERVICE GUARDIAN SO AS TO EXTEND THE ENTIRE TIME
OF  THE GUARDIANSHIP TO A PERIOD OF THREE HUNDRED SIXTY (360) DAYS. BOTH
LIVING PARENTS OF A CHILD MAY TOGETHER  APPOINT  A  SHORT-TERM  MILITARY
SERVICE  GUARDIAN OF THE CHILD FOR A PERIOD OF UP TO THREE HUNDRED SIXTY
(360) DAYS THROUGH THE USE OF THIS  FORM.  IF  THE  SHORT-TERM  MILITARY
SERVICE  GUARDIAN  IS APPOINTED BY BOTH LIVING PARENTS OF THE CHILD, THE
PARENTS NEED NOT SIGN THE FORM AT THE SAME TIME.
  1. PARENT AND CHILD. I (INSERT NAME OF APPOINTING  PARENT),  CURRENTLY
RESIDING  AT  (INSERT  ADDRESS OF APPOINTING PARENT), AM A PARENT OF THE
FOLLOWING CHILD: (INSERT NAME AND DATE OF BIRTH OF CHILD).
  2. GUARDIAN. I HEREBY APPOINT THE FOLLOWING PERSON AS  THE  SHORT-TERM
MILITARY  SERVICE  GUARDIAN  FOR  THE CHILD: (INSERT NAME AND ADDRESS OF
APPOINTED PERSON).
  3. EFFECTIVE DATE. THIS APPOINTMENT BECOMES EFFECTIVE: (CHECK  ONE  IF
YOU WISH IT TO BE APPLICABLE)
  (  )  ON  THE DATE THAT I STATE IN WRITING THAT I AM NO LONGER ABLE TO
MAKE AND CARRY OUT DAY-TO-DAY CHILD CARE DECISIONS CONCERNING THE  CHILD
BECAUSE OF MY ACTIVE DUTY STATUS IN THE MILITARY.
  ( ) ON THE FOLLOWING DATE: (INSERT DATE).
  ( ) OTHER (INSERT OTHER).
  (NOTE:  IF  THIS  ITEM  IS NOT COMPLETED, THE APPOINTMENT IS EFFECTIVE
IMMEDIATELY UPON THE DATE THE FORM IS SIGNED AND DATED BELOW.)
  4. TERMINATION. THIS APPOINTMENT SHALL TERMINATE  ONE  HUNDRED  EIGHTY
(180)  DAYS  AFTER  THE  EFFECTIVE  DATE, UNLESS IT TERMINATES SOONER AS
DETERMINED BY THE EVENT OR DATE I HAVE INDICATED BELOW:   (CHECK ONE  IF
YOU WISH IT TO BE APPLICABLE)
  (  ) ON THE DATE THAT I STATE IN WRITING THAT I AM WILLING AND ABLE TO
MAKE AND CARRY OUT DAY-TO-DAY CHILD CARE DECISIONS CONCERNING THE CHILD.
  ( ) ON THE DATE WHICH IS (STATE A NUMBER OF DAYS, BUT NO MORE THAN ONE
HUNDRED EIGHTY (180) DAYS) DAYS AFTER THE EFFECTIVE DATE.
  ( ) OTHER: (INSERT OTHER). (NOTE: IF THIS ITEM IS NOT  COMPLETED,  THE
APPOINTMENT  WILL  BE EFFECTIVE FOR A PERIOD OF ONE HUNDRED EIGHTY (180)
DAYS, BEGINNING ON THE EFFECTIVE DATE.)
  5. DATE AND SIGNATURE OF APPOINTING PARENT. THIS APPOINTMENT  IS  MADE
THIS (INSERT DAY) DAY OF (INSERT MONTH AND YEAR).
  SIGNED: (APPOINTING PARENT)
  6.  WITNESSES.  I  SAW THE APPOINTING PARENT SIGN THIS INSTRUMENT OR I
SAW THE PARENT DIRECT SOMEONE TO SIGN THIS INSTRUMENT  FOR  THE  PARENT.
THEN  I  SIGNED  THIS  INSTRUMENT  AS  A  WITNESS IN THE PRESENCE OF THE
PARENT. I AM NOT APPOINTED IN THIS INSTRUMENT TO ACT AS  THE  SHORT-TERM

S. 1127                             4

MILITARY  SERVICE GUARDIAN FOR THE CHILD. I AM NOT RELATED TO THE PARENT
OR TO THE PERSON APPOINTED AS THE SHORT-TERM MILITARY SERVICE  GUARDIAN.
(INSERT SPACE FOR NAMES, ADDRESSES, AND SIGNATURES OF TWO (2) WITNESSES)
  7.  ACCEPTANCE  OF SHORT-TERM MILITARY SERVICE GUARDIAN. I ACCEPT THIS
APPOINTMENT AS SHORT-TERM MILITARY SERVICE GUARDIAN ON THIS (INSERT DAY)
DAY OF (INSERT MONTH AND YEAR).
  SIGNED: (SHORT-TERM MILITARY SERVICE GUARDIAN)
  8. CONSENT OF CHILD'S OTHER PARENT-IF APPLICABLE. I  (INSERT  NAME  OF
THE  CHILD'S OTHER LIVING PARENT), CURRENTLY RESIDING AT (INSERT ADDRESS
OF CHILD'S OTHER LIVING PARENT), HEREBY CONSENT TO THIS  APPOINTMENT  ON
THIS (INSERT DAY) DAY OF (INSERT MONTH AND YEAR).
  SIGNED: (CONSENTING PARENT)
  (NOTE: THE SIGNATURE OF A CONSENTING PARENT IS NOT NECESSARY IF ONE OF
THE  FOLLOWING APPLIES: (I) THE OTHER PARENT DOES NOT HAVE JOINT CUSTODY
OF THE CHILD; (II) THE CHILD'S OTHER  PARENT  HAS  DIED;  OR  (III)  THE
WHEREABOUTS  OF  THE  CHILD'S  OTHER  PARENT  ARE NOT KNOWN; OR (IV) THE
CHILD'S OTHER PARENT IS NOT WILLING  OR  ABLE  TO  MAKE  AND  CARRY  OUT
DAY-TO-DAY  CHILD  CARE  DECISIONS CONCERNING THE CHILD; (V) THE CHILD'S
PARENTS WERE NEVER MARRIED AND NO COURT HAS ISSUED AN ORDER ESTABLISHING
PARENTAGE; OR (VI) THE PARENTAL RIGHTS OF THE CHILD'S OTHER PARENT  HAVE
BEEN TERMINATED BY A COURT ORDER.)
  SWORN STATEMENT OF MAILING
  I  (INSERT  NAME  OF APPOINTING PARENT), CURRENTLY RESIDING AT (INSERT
ADDRESS OF APPOINTING PARENT), DELIVERED A SIGNED AND DATED COPY OF  THE
ATTACHED APPOINTMENT OF SHORT-TERM MILITARY SERVICE GUARDIAN BY DEPOSIT-
ING IT IN A UNITED STATES POST OFFICE OR POST OFFICE BOX, ENCLOSED IN AN
ENVELOPE,  PLAINLY ADDRESSED TO EACH PERSON OR OFFICE AT THE APPROPRIATE
ADDRESS LISTED BELOW, WITH POSTAGE FULLY PREPAID FOR DELIVERY BY  CERTI-
FIED OR REGISTERED MAIL TO:
  (1)  (NAME  OF  OTHER  LIVING  PARENT) (INSERT ADDRESS OF OTHER LIVING
PARENT);
  (2) NAME OF THE COURT WHICH ISSUED THE  ORDER  THAT  AWARDED  PHYSICAL
CUSTODY OF THE CHILD TO THE APPOINTING PARENT (INSERT ADDRESS OF COURT);
  (3) THE COURT WHICH ISSUED THE LAST ORDER THAT CONCERNS THE CHILD, THE
CHILD'S SUPPORT, CUSTODY OR VISITATION WITH THE CHILD (INSERT ADDRESS OF
COURT); AND
  (4)  IF THERE IS NO COURT ORDER, THEN TO THE COURT CLERK IN THE COUNTY
IN WHICH THE CHILD RESIDES (INSERT ADDRESS OF COURT CLERK)
  DATE AND SIGNATURE. DATED THIS (INSERT DAY) DAY OF (INSERT  MONTH  AND
YEAR).
  SIGNED:  (DESIGNATING PARENT OR GUARDIAN)
  COUNTY OF __________________________________
  STATE OF  __________________________________
  ON  THIS  (INSERT  DAY) OF (INSERT MONTH AND YEAR) AT (INSERT CITY AND
STATE), (INSERT NAME OF APPOINTING PARENT), APPEARED BEFORE ME, A NOTARY
PUBLIC OF AND FOR THE COUNTY AND STATE FIRST ABOVE WRITTEN  AND  IDENTI-
FIED  HIMSELF  OR HERSELF TO BE OR PERSONALLY KNOWN TO ME TO BE, (INSERT
NAME OF APPOINTING PARENT) AND BEING FIRST DULY SWORN, SIGNED HIS OR HER
SIGNATURE ABOVE.
  (SEAL)
  SIGNED (NAME OF NOTARY PUBLIC)
  (PRINTED NAME OF NOTARY PUBLIC)
  S 92. DUTIES OF A SHORT-TERM MILITARY SERVICE GUARDIAN OF A MINOR.  1.
IMMEDIATELY  UPON  THE EFFECTIVE DATE OR THE APPOINTMENT OF A SHORT-TERM
MILITARY SERVICE GUARDIAN,  THE  SHORT-TERM  MILITARY  SERVICE  GUARDIAN
SHALL  ASSUME  ALL DUTIES AS SHORT-TERM MILITARY SERVICE GUARDIAN OF THE

S. 1127                             5

MINOR AS PROVIDED IN THIS SECTION. THE SHORT-TERM MILITARY SERVICE GUAR-
DIAN OF THE PERSON SHALL HAVE AUTHORITY TO ACT  AS  SHORT-TERM  MILITARY
SERVICE  GUARDIAN  WITHOUT  DIRECTION  OF COURT, FOR THE DURATION OF THE
APPOINTMENT WHICH IN NO CASE SHALL EXCEED A PERIOD OF ONE HUNDRED EIGHTY
DAYS.  THE  AUTHORITY OF THE SHORT-TERM MILITARY SERVICE GUARDIAN MAY BE
LIMITED OR TERMINATED BY A COURT OF COMPETENT JURISDICTION.
  2. UNLESS FURTHER SPECIFICALLY LIMITED BY  THE  INSTRUMENT  APPOINTING
THE  SHORT-TERM MILITARY SERVICE GUARDIAN, A SHORT-TERM MILITARY SERVICE
GUARDIAN SHALL HAVE THE AUTHORITY TO ACT AS A GUARDIAN OF THE PERSON  OF
A MINOR AS PRESCRIBED IN ARTICLE SIX OF THIS CHAPTER, BUT SHALL NOT HAVE
ANY AUTHORITY TO ACT AS GUARDIAN OF THE ESTATE OF A MINOR, 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 2. The military law is amended by adding a new section 255  to  read
as follows:
  S  255. SHORT-TERM MILITARY SERVICE GUARDIAN. NOTWITHSTANDING ANY LAW,
RULE OR REGULATION TO THE CONTRARY, CHILD CUSTODY PROCEEDINGS FILED IN A
COURT OF COMPETENT JURISDICTION IN THIS STATE,  INVOLVING  A  SHORT-TERM
MILITARY  SERVICE  GUARDIAN  SHALL  BE  GOVERNED BY ARTICLE SIX-A OF THE
DOMESTIC RELATIONS LAW.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.