senate Bill S3297

2015-2016 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 - In Senate Committee Children And Families Committee


  • 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 06, 2016 referred to children and families
returned to senate
died in assembly
May 12, 2015 referred to judiciary
delivered to assembly
passed senate
Apr 23, 2015 advanced to third reading
Apr 22, 2015 2nd report cal.
Apr 21, 2015 1st report cal.333
Feb 04, 2015 referred to children and families

Co-Sponsors

S3297 (ACTIVE) - Details

See Assembly Version of this Bill:
A3787
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยงยง70 & 240, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7523, A4079
2011-2012: S3228, A1254
2013-2014: S1693, A325
2017-2018: A1614
2019-2020: A1894

S3297 (ACTIVE) - 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.

S3297 (ACTIVE) - Sponsor Memo

S3297 (ACTIVE) - Bill Text download pdf

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

                                  3297

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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
right  to  visitation  with  a  child  alleges  in  a  sworn petition or
complaint or sworn answer, cross-petition, counterclaim or  other  sworn

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02041-01-5

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