senate Bill S3228

2011-2012 Legislative Session

Relates to the issue of military deployment as a factor in the awarding of custody in marital actions

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 referred to judiciary
delivered to assembly
passed senate
Mar 07, 2012 advanced to third reading
Mar 06, 2012 2nd report cal.
Mar 05, 2012 1st report cal.284
Jan 04, 2012 referred to children and families
returned to senate
died in assembly
May 25, 2011 referred to judiciary
delivered to assembly
passed senate
May 04, 2011 advanced to third reading
May 03, 2011 2nd report cal.
May 02, 2011 1st report cal.404
Feb 14, 2011 referred to children and families

Votes

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Mar 5, 2012 - Children and Families committee Vote

S3228
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Mar 5, 2012

May 2, 2011 - Children and Families committee Vote

S3228
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 2, 2011

aye wr (1)

Co-Sponsors

S3228 - Bill Details

See Assembly Version of this Bill:
A1254
Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยงยง70 & 240, Dom Rel L
Versions Introduced in 2009-2010 Legislative Session:
S7523, A4079

S3228 - Bill Texts

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Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody in marital actions where a suitable child care plan is presented.

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BILL NUMBER:S3228

TITLE OF BILL:
An act
to amend the domestic relations law, in relation to determinations of
child custody in matrimonial actions

PURPOSE OR GENERAL IDEA OF BILL:
The possibility or probability of a
military parent being deployed should not be a factor in a child
custody determination when a suitable child care plan is presented.

SUMMARY OF SPECIFIC PROVISIONS:
The legislation will remove the
possibility of being deployed for military service as a member of the
United States Armed Forces or of the organized militia of the State of
New York as a detrimental factor when determining custody.
The parent with possibility of deployment must provide a suitable
child care plan for the period of such deployment.

JUSTIFICATION:
Persons serving our country, whether active duty,
reservists and National Guard, being deployed to hostile territories
around the globe or to other locations around the nation, should not
lose custody of their children solely because they may be deployed
away from their family. This legislation will prevent the court from
using deployment and military status as a detrimental factor in
determining custody. This is a necessary safeguard for military or
militia personnel that put their lives on the line to protect our
freedoms.

PRIOR LEGISLATIVE HISTORY:
2010: S.7523/A.4079 -- CHILDREN & FAMILIES/Judiciary
2007-08: A.6027 -- Judiciary
2006: A.10436 -- Judiciary

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  3228

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- 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,  in  relation  to  determi-
  nations of child custody in matrimonial actions

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

  Section 1. Section 70 of the domestic  relations  law  is  amended  by
adding a new subdivision (c) to read as follows:
  (C)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
COURT SHALL NOT CONSIDER THE DEPLOYMENT OF A PARENT IN ACTIVE SERVICE OF
THE ARMED FORCES OF THE UNITED STATES OR OF THE ORGANIZED MILITIA OF THE
STATE OF NEW YORK AS A DETRIMENTAL FACTOR TO THE AWARDING OF CUSTODY  OF
A  CHILD WHERE A SUITABLE CHILD CARE PLAN FOR THE PERIOD OF SUCH DEPLOY-
MENT HAS BEEN PRESENTED TO THE COURT BY THE PETITIONING PARENT.
  S 2. Paragraph (a) of subdivision 1 of section  240  of  the  domestic
relations law, as amended by chapter 476 of the laws of 2009, is amended
and a new subdivision 1-d is added to read as follows:
  (a)  In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or  (3)
for  a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall  require  verification  of  the
status of any child of the marriage with respect to such child's custody
and  support,  including  any  prior  orders, and shall enter orders for
custody and support as, in the  court's  discretion,  justice  requires,
having  regard  to  the  circumstances of the case and of the respective
parties and to the best interests  of  the  child  and  subject  to  the
provisions  of  [subdivision]  SUBDIVISIONS  one-c  AND  ONE-D  of  this
section. Where either party to an action  concerning  custody  of  or  a
right  to  visitation  with  a  child  alleges  in  a  sworn petition or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02429-01-1

S. 3228                             2

complaint or sworn answer, cross-petition, counterclaim or  other  sworn
responsive  pleading that the other party has committed an act of domes-
tic violence against the party making the  allegation  or  a  family  or
household  member of either party, as such family or household member is
defined in article eight of the family court act, and  such  allegations
are  proven  by a preponderance of the evidence, the court must consider
the effect of such domestic violence upon  the  best  interests  of  the
child,  together  with  such  other facts and circumstances as the court
deems relevant in making a direction pursuant to this section and  state
on  the  record how such findings, facts and circumstances factored into
the direction. If a parent makes a good  faith  allegation  based  on  a
reasonable  belief  supported  by  facts that the child is the victim of
child abuse, child neglect, or the effects of domestic violence, and  if
that  parent acts lawfully and in good faith in response to that reason-
able belief to protect the child or seek treatment for the  child,  then
that parent shall not be deprived of custody, visitation or contact with
the child, or restricted in custody, visitation or contact, based solely
on  that belief or the reasonable actions taken based on that belief. If
an allegation that a child is abused is supported by a preponderance  of
the  evidence,  then  the court shall consider such evidence of abuse in
determining the visitation arrangement that is in the best  interest  of
the  child,  and  the  court shall not place a child in the custody of a
parent who presents a substantial risk of harm to that child, and  shall
state  on  the  record how such findings were factored into the determi-
nation. An order directing the payment of child  support  shall  contain
the  social  security  numbers  of the named parties. In all cases there
shall be no prima facie right to the custody  of  the  child  in  either
parent. Such direction shall make provision for child support out of the
property  of  either or both parents. The court shall make its award for
child support pursuant to subdivision one-b of this section. Such direc-
tion may provide for reasonable visitation rights to the maternal and/or
paternal grandparents of any child of the parties. Such direction as  it
applies  to  rights of visitation with a child remanded or placed in the
care of a person, official, agency or institution  pursuant  to  article
ten of the family court act, or pursuant to an instrument approved under
section three hundred fifty-eight-a of the social services law, shall be
enforceable  pursuant  to  part eight of article ten of the family court
act and sections three hundred fifty-eight-a and three  hundred  eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy,  of the child. Notwithstanding any other provision of law, any writ-
ten application or motion to the court for the establishment,  modifica-
tion  or  enforcement  of  a child support obligation for persons not in
receipt of public assistance and care must contain either a request  for
child  support enforcement services which would authorize the collection
of the support  obligation  by  the  immediate  issuance  of  an  income
execution  for  support  enforcement  as  provided  for by this chapter,
completed in the manner specified in section one hundred eleven-g of the
social services law; or a statement that the applicant has  applied  for
or  is  in  receipt  of such services; or a statement that the applicant
knows of the availability of such services, has declined  them  at  this
time  and  where  support  enforcement  services pursuant to section one
hundred eleven-g of the social services law have been declined that  the
applicant  understands  that  an  income  deduction  order may be issued
pursuant to subdivision (c) of section fifty-two  hundred  forty-two  of
the civil practice law and rules without other child support enforcement

S. 3228                             3

services  and that payment of an administrative fee may be required. The
court shall provide a  copy  of  any  such  request  for  child  support
enforcement  services  to the support collection unit of the appropriate
social services district any time it directs payments to be made to such
support  collection  unit.  Additionally,  the  copy of any such request
shall be accompanied by the name, address and social security number  of
the  parties;  the date and place of the parties' marriage; the name and
date of birth of the child or children; and the name and address of  the
employers  and  income  payors  of  the party from whom child support is
sought or from the party ordered to  pay  child  support  to  the  other
party.  Such direction may require the payment of a sum or sums of money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent and to such third persons; provided,  however,  that  unless  the
party seeking or receiving child support has applied for or is receiving
such  services,  the  court shall not direct such payments to be made to
the support collection unit,  as  established  in  section  one  hundred
eleven-h  of  the social services law. Every order directing the payment
of support shall require that if either parent currently, or at any time
in the future, has health  insurance  benefits  available  that  may  be
extended  or  obtained  to  cover  the child, such parent is required to
exercise the option of additional coverage in favor of  such  child  and
execute  and  deliver  to  such  person any forms, notices, documents or
instruments necessary to assure timely payment of any  health  insurance
claims for such child.
  1-D.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COURT SHALL NOT CONSIDER THE DEPLOYMENT OF A PARENT IN ACTIVE SERVICE OF
THE ARMED FORCES OF THE UNITED STATES OR OF THE ORGANIZED MILITIA OF THE
STATE OF NEW YORK AS A DETRIMENTAL FACTOR TO THE AWARDING OF CUSTODY  OF
A CHILD TO A PETITIONING PARENT WHERE A SUITABLE CHILD CARE PLAN FOR THE
PERIOD  OF  SUCH  DEPLOYMENT  HAS  BEEN  PRESENTED  TO THE COURT BY SUCH
PARENT.
  S 3. This act shall take effect immediately.

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