senate Bill S1693

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (10)
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
passed senate
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

Co-Sponsors

S1693 - Details

See Assembly Version of this Bill:
A325
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยงยง70 & 240, Dom Rel L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3228, A1254
2009-2010: S7523, A4079

S1693 - Summary

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.

S1693 - Sponsor Memo

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.

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