senate Bill S4518

2013-2014 Legislative Session

Relates to orders of custody involving a parent deployed to military service

download bill text pdf

Sponsored By

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 (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2014 referred to judiciary
May 13, 2014 delivered to assembly
passed senate
Apr 30, 2014 advanced to third reading
Apr 29, 2014 2nd report cal.
Apr 28, 2014 1st report cal.386
Jan 08, 2014 referred to children and families
returned to senate
died in assembly
May 23, 2013 referred to judiciary
delivered to assembly
passed senate
May 22, 2013 advanced to third reading
May 21, 2013 2nd report cal.
May 20, 2013 1st report cal.623
Apr 05, 2013 referred to children and families

Votes

view votes

Apr 28, 2014 - Children and Families committee Vote

S4518
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Apr 28, 2014

May 20, 2013 - Children and Families committee Vote

S4518
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 20, 2013

S4518 - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §§75-l & 240, Dom Rel L; amd §651, Fam Ct Act

S4518 - Summary

Relates to orders of custody involving a parent deployed to military service, permits only temporary orders which shall expire within ten days of the end of the deployment.

S4518 - Sponsor Memo

S4518 - Bill Text download pdf

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

                                  4518

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 5, 2013
                               ___________

Introduced  by  Sen. FELDER -- (at request of the Division of Military &
  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 the 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09340-01-3

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