senate Bill S3507A

2013-2014 Legislative Session

Negates the issue of military deployment as a factor in the awarding of child custody

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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 (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 26, 2014 referred to judiciary
delivered to assembly
passed senate
Feb 10, 2014 advanced to third reading
Feb 04, 2014 2nd report cal.
Feb 03, 2014 1st report cal.89
Jan 08, 2014 referred to children and families
returned to senate
died in assembly
May 21, 2013 referred to judiciary
delivered to assembly
passed senate
May 08, 2013 advanced to third reading
May 07, 2013 2nd report cal.
May 06, 2013 1st report cal.534
Apr 22, 2013 print number 3507a
amend (t) and recommit to children and families
Feb 05, 2013 referred to children and families

Votes

view votes

Feb 3, 2014 - Children and Families committee Vote

S3507A
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: Feb 3, 2014

aye wr (1)

May 6, 2013 - Children and Families committee Vote

S3507A
3
0
committee
3
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 6, 2013

aye wr (2)
excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3507 - Details

See Assembly Version of this Bill:
A6035A
Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70, 75-l & 240, Dom Rel L
Versions Introduced in 2011-2012 Legislative Session:
S5049, A8550

S3507 - Summary

Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody where a suitable child care plan is presented; provides, upon return of a military member from a deployment, for the reinstatement of the child custody order in effect prior to such deployment.

S3507 - Sponsor Memo

S3507 - Bill Text download pdf

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

                                  3507

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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 child custody
  when a parent is deployed on military active duty; and  to  amend  the
  military  law, in relation to extending certain benefits afforded with
  respect to judicial proceedings where the minor dependent of  a  mili-
  tary member is involved as a party

  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 PAST OR  CURRENT  DEPLOYMENT,  OR  POSSIBLE
FUTURE  DEPLOYMENT  OF A PARENT IN ACTIVE SERVICE OF THE ARMED FORCES OF
THE UNITED STATES OR OF THE ORGANIZED MILITIA OF THE STATE AS  A  DETRI-
MENTAL  FACTOR  TO  THE  AWARDING OF CUSTODY OF A CHILD WHERE A SUITABLE
CHILD CARE PLAN HAS BEEN PRESENTED  TO  THE  COURT  BY  THE  PETITIONING
PARENT.
  S  2.  Subdivision 3 of section 75-l of the domestic relations law, as
amended by chapter 473 of the laws  of  2009,  is  amended  to  read  as
follows:
  3. Unless the parties have otherwise stipulated or agreed, if an order
is issued under this section, the return of the parent from active mili-
tary  service,  deployment or temporary assignment shall be considered a
substantial change in circumstances, AND  WITHIN  THIRTY  DAYS  OF  SUCH
RETURN  THE  CHILD  CUSTODY  ORDER  IN  EFFECT  IMMEDIATELY PRIOR TO ANY
MODIFICATIONS THEREOF PURSUANT TO  SUBDIVISIONS  ONE  AND  TWO  OF  THIS
SECTION  SHALL BE REINSTATED AND BE IN FULL FORCE AND EFFECT.  [Upon the
request of either parent, the court shall determine on the basis of  the
child's  best interests whether the custody judgment or order previously
in effect should be modified.]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07304-01-3

Co-Sponsors

S3507A (ACTIVE) - Details

See Assembly Version of this Bill:
A6035A
Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70, 75-l & 240, Dom Rel L
Versions Introduced in 2011-2012 Legislative Session:
S5049, A8550

S3507A (ACTIVE) - Summary

Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody where a suitable child care plan is presented; provides, upon return of a military member from a deployment, for the reinstatement of the child custody order in effect prior to such deployment.

S3507A (ACTIVE) - Sponsor Memo

S3507A (ACTIVE) - Bill Text download pdf

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

                                 3507--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by Sens. BALL, RANZENHOFER, ZELDIN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and Families -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN ACT to amend the domestic relations law, in relation to child custody
  when a parent is deployed on military active duty

  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 PAST OR  CURRENT  DEPLOYMENT,  OR  POSSIBLE
FUTURE  DEPLOYMENT  OF A PARENT IN ACTIVE SERVICE OF THE ARMED FORCES OF
THE UNITED STATES OR OF THE ORGANIZED MILITIA OF THE STATE AS  A  DETRI-
MENTAL  FACTOR  TO  THE  AWARDING OF CUSTODY OF A CHILD WHERE A SUITABLE
CHILD CARE PLAN HAS BEEN PRESENTED  TO  THE  COURT  BY  THE  PETITIONING
PARENT.
  S  2.  Subdivision 3 of section 75-l of the domestic relations law, as
amended by chapter 473 of the laws  of  2009,  is  amended  to  read  as
follows:
  3. Unless the parties have otherwise stipulated or agreed, if an order
is issued under this section, the return of the parent from active mili-
tary  service,  deployment or temporary assignment shall be considered a
substantial change in circumstances, AND  WITHIN  THIRTY  DAYS  OF  SUCH
RETURN  THE  CHILD  CUSTODY  ORDER  IN  EFFECT  IMMEDIATELY PRIOR TO ANY
MODIFICATIONS THEREOF PURSUANT TO  SUBDIVISIONS  ONE  AND  TWO  OF  THIS
SECTION  SHALL BE REINSTATED AND BE IN FULL FORCE AND EFFECT.  [Upon the
request of either parent, the court shall determine on the basis of  the
child's  best interests whether the custody judgment or order previously
in effect should be modified.]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07304-02-3

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