|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to children and families|
returned to senate
died in assembly
|Mar 05, 2013||referred to judiciary|
delivered to assembly
|Mar 04, 2013||advanced to third reading|
|Feb 28, 2013||2nd report cal.|
|Feb 27, 2013||1st report cal.97|
|Jan 09, 2013||referred to children and families|
senate Bill S1693
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1693 - Details
S1693 - Sponsor Memo
BILL NUMBER:S1693 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.
S1693 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1693 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. RANZENHOFER, DeFRANCISCO, MAZIARZ -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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.