senate Bill S7533

2011-2012 Legislative Session

Relates to orders of custody involving a parent activated, deployed or temporarily assigned to military service

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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

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1216
committee discharged and committed to rules
May 31, 2012 referred to children and families

Votes

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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

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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