senate Bill S4967A

2015-2016 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 (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 09, 2016 referred to judiciary
delivered to assembly
passed senate
Feb 09, 2016 advanced to third reading
Feb 08, 2016 2nd report cal.
Feb 02, 2016 1st report cal.110
Jan 08, 2016 print number 4967a
Jan 08, 2016 amend and recommit to children and families
Jan 06, 2016 referred to children and families
Jun 25, 2015 committed to rules
Jun 01, 2015 advanced to third reading
May 28, 2015 2nd report cal.
May 27, 2015 1st report cal.1008
Apr 27, 2015 referred to children and families

Votes

view votes

Feb 2, 2016 - Children and Families committee Vote

S4967A
7
0
committee
7
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: Feb 2, 2016

May 27, 2015 - Children and Families committee Vote

S4967
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 27, 2015

S4967 - Details

See Assembly Version of this Bill:
A6768
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70, 75-l & 240, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5049, A8550
2013-2014: S3507, A6035

S4967 - 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.

S4967 - Sponsor Memo

S4967 - Bill Text download pdf

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

                                  4967

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- 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

  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.]
  S  3.  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03495-01-5

Co-Sponsors

S4967A (ACTIVE) - Details

See Assembly Version of this Bill:
A6768
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70, 75-l & 240, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5049, A8550
2013-2014: S3507, A6035

S4967A (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.

S4967A (ACTIVE) - Sponsor Memo

S4967A (ACTIVE) - Bill Text download pdf

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

                                 4967--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  recommitted  to  the  Committee on Children and Families in accordance
  with Senate Rule 6, sec. 8  --  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.
                                                           LBD03495-02-6

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