S T A T E O F N E W Y O R K
________________________________________________________________________
4518
2013-2014 Regular Sessions
I N S E N A T E
April 5, 2013
___________
Introduced by Sen. FELDER -- (at request of the Division of Military &
Naval Affairs) -- 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 orders of custody involving a parent activated, deployed
or temporarily assigned to the military service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 75-l of the domestic relations law, as amended by
chapter 473 of the laws of 2009, is amended to read as follows:
S 75-l. Military service by parent; effect on child custody orders
pursuant to this article. 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 prima-
ry caretaker of a minor child is materially affected by such military
service, A COURT SHALL BE PROHIBITED FROM ISSUING any PERMANENT orders,
[issued pursuant to this article] MODIFICATIONS OR AMENDMENTS based on
the fact that the parent is activated, deployed or temporarily assigned
to military service, which would [materially] IN ANY WAY 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 subdivision three of
this section]. Any relevant provisions of the Service Member's Civil
Relief Act shall apply to all proceedings governed by this section.
2. During such period the court may enter [an] A TEMPORARY order to
modify OR AMEND custody if there is clear and convincing evidence that
the TEMPORARY modification OR AMENDMENT is in the best interests of the
child. An attorney for the child shall be appointed in all cases where a
TEMPORARY modification is sought during such military service. [Such
order shall be subject to review pursuant to subdivision three of this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09340-01-3
S. 4518 2
section.] When entering [an] A TEMPORARY order under this section, the
court shall consider and provide for, if feasible and if in the best
interests of the child, contact between the military service member and
his or her child including, but not limited to, electronic communication
by e-mail, webcam, telephone, or other available means. During the
period of the parent's leave from military service, the court shall
consider the best interests of the child when establishing a parenting
schedule, including visiting and other contact. For such purpose, a
"leave from service" shall be a period of not more than three months.
3. [Unless the parties have otherwise stipulated or agreed, if an] IF
A TEMPORARY order is issued under this section, IT SHALL EXPIRE WITHIN
TEN DAYS AFTER the return of the parent from active military service,
deployment or temporary assignment [shall be considered a substantial
change in circumstances. Upon the request of either parent, the court
shall determine on the basis of the child's best interests whether the
custody judgment or order previously in effect should be modified].
4. This section shall not apply to assignments to permanent duty
stations or permanent changes of station.
S 2. 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:
(a-2) Military service by parent; effect on child custody orders. (1)
During the period of time that a parent is activated, deployed or tempo-
rarily 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, A COURT SHALL BE
PROHIBITED FROM ISSUING any PERMANENT orders, [issued pursuant to this
section] MODIFICATIONS OR AMENDMENTS based on the fact that the parent
is activated, deployed or temporarily assigned to military service,
which would [materially] IN ANY WAY 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 rele-
vant provisions of the Service Member's Civil Relief Act shall apply to
all proceedings governed by this section.
(2) During such period, the court may enter [an] A TEMPORARY order to
modify OR AMEND custody if there is clear and convincing evidence that
the TEMPORARY modification OR AMENDMENT is in the best interests of the
child. An attorney for the child shall be appointed in all cases where a
TEMPORARY modification is sought during such military service. [Such
order shall be subject to review pursuant to subparagraph three of this
paragraph.] When entering [an] A TEMPORARY order pursuant to this
section, the court shall consider and provide for, if feasible and if in
the best interests of the child, contact between the military service
member and his or her child, including, but not limited to, electronic
communication by e-mail, webcam, telephone, or other available means.
During the period of the parent's leave from military service, the court
shall consider the best interests of the child when establishing a
parenting schedule, including visiting and other contact. For such
purposes, a "leave from military service" shall be a period of not more
than three months.
(3) [Unless the parties have otherwise stipulated or agreed, if an] IF
A TEMPORARY order is issued pursuant to this paragraph, IT SHALL EXPIRE
WITHIN TEN DAYS AFTER the return of the parent from active military
service, deployment or temporary assignment [shall be considered a
S. 4518 3
substantial change in circumstances. Upon the request of either parent,
the court shall determine on the basis of the child's best interests
whether the custody judgment or order previously in effect should be
modified].
(4) This paragraph shall not apply to assignments to permanent duty
stations or permanent changes of station.
S 3. Subdivision (f) of section 651 of the family court act, as added
by chapter 473 of the laws of 2009, is amended to read as follows:
(f) Military service by parent; effect on child custody orders. 1.
During the period of time that a parent is activated, deployed or tempo-
rarily 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, A COURT SHALL BE
PROHIBITED FROM ISSUING any PERMANENT orders [issued pursuant to this
section], MODIFICATIONS OR AMENDMENTS based on the fact that the parent
is activated, deployed or temporarily assigned to military service,
which would [materially] IN ANY WAY 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 paragraph three of this subdivision]. Any relevant
provisions of the Service Member's Civil Relief Act shall apply to all
proceedings governed by this section.
2. During such period, the court may enter [an] A TEMPORARY order to
modify OR AMEND custody if there is clear and convincing evidence that
the TEMPORARY modification OR AMENDMENT is in the best interests of the
child. An attorney for the child shall be appointed in all cases where a
TEMPORARY modification is sought during such military service. [Such
order shall be subject to review pursuant to paragraph three of this
subdivision.] When entering [an] A TEMPORARY order pursuant to this
section, the court shall consider and provide for, if feasible and if in
the best interests of the child, contact between the military service
member and his or her child including, but not limited to, electronic
communication by e-mail, webcam, telephone, or other available means.
During the period of the parent's leave from military service, the court
shall consider the best interests of the child when establishing a
parenting schedule, including visiting and other contact. For such
purpose, a "leave from military service" shall be a period of not more
than three months.
3. [Unless the parties have otherwise stipulated or agreed, if an] IF
A TEMPORARY order is issued pursuant to this subdivision, IT SHALL
EXPIRE WITHIN TEN DAYS AFTER the return of the parent from active mili-
tary service, deployment or temporary assignment [shall be considered a
substantial change in circumstances. Upon the request of either parent,
the court shall determine on the basis of the child's best interests
whether the custody judgment or order previously in effect should be
modified].
4. This subdivision shall not apply to assignments to permanent duty
stations or permanent changes of station.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law.