|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 13, 2012||referred to judiciary|
delivered to assembly
ordered to third reading cal.1216
committee discharged and committed to rules
|May 31, 2012||referred to children and families|
senate Bill S7533
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7533 - Details
- Current Committee:
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §§75-1 & 240, Dom Rel L; amd §651, Fam Ct Act
S7533 - Summary
Relates to orders of custody involving a parent activated, deployed or temporarily assigned to the military service.
S7533 - Sponsor Memo
BILL NUMBER:S7533 TITLE OF BILL: 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 military service PURPOSE OF BILL: The purpose of this bill is to mandate that all custody orders that are issued as a result of a custodial parent's military service be tempo- rary, and would automatically expire ten days after the parent returns. SUMMARY OF PROVISIONS: Section 1 of the bill would amend Domestic Relations Law ("DRL") §75-1 to authorize the Family Court to issue only a temporary order of custody to a non-custodial parent when the custodial military parent receives mobilization or deployment orders. The temporary Family Court order would end no later than 10 days after the parent's return from ordered military service and the original order of custody to the custodial military parent would be reinstated. The mobilization or deployment of a reserve component service member could not be a factor in determining a change in circumstances if a petition is filed to transfer custody away from the military parent.
S7533 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7533 I N S E N A T E May 31, 2012 ___________ Introduced by Sen. RANZENHOFER -- (at request of the Division of Mili- tary & 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 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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