Assembly Bill A7170

2021-2022 Legislative Session

Creates the short-term military service guardian

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A7170 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Add Art 6-A §§90 - 92, Dom Rel L; add §255, Mil L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5083
2015-2016: A2681
2017-2018: A815
2019-2020: A2582
2023-2024: A5190

2021-A7170 (ACTIVE) - Summary

Creates the short term military service guardian; allows parent without joint custody to appoint service guardian; provides for a maximum appointment of 180 days.

2021-A7170 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7170
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 23, 2021
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the domestic relations law  and  the  military  law,  in
   relation to the creation of the short-term military service guardian
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The domestic relations law is amended by adding a new arti-
 cle 6-A to read as follows:
                                ARTICLE 6-A
                   SHORT-TERM MILITARY SERVICE GUARDIAN
 SECTION 90. DEFINITIONS.
         91. SHORT-TERM MILITARY SERVICE GUARDIAN.
         92. DUTIES OF A SHORT-TERM MILITARY SERVICE GUARDIAN OF A MINOR.
   § 90. DEFINITIONS. "SHORT-TERM  MILITARY  SERVICE  GUARDIAN"  MEANS  A
 GUARDIAN OF THE PERSON OF A MINOR, AS APPOINTED UNDER SECTION NINETY-ONE
 OF  THIS  ARTICLE, EFFECTIVE ON THE DATE OF THE APPOINTMENT OR TO BECOME
 EFFECTIVE AT A LATER DATE UNDER  SECTION  NINETY-ONE  OF  THIS  ARTICLE,
 EXCEPT  THAT  A  SHORT-TERM  MILITARY  SERVICE  GUARDIAN  SHALL HAVE THE
 AUTHORITY TO APPLY FOR AND RECEIVE ON BEHALF OF THE  MINOR  BENEFITS  TO
 WHICH  THE  CHILD  MAY BE ENTITLED FROM OR UNDER FEDERAL, STATE OR LOCAL
 ORGANIZATIONS OR PROGRAMS.
   § 91. SHORT-TERM MILITARY SERVICE GUARDIAN. 1.   A PERSON  WHO  IS  IN
 ACTIVE MILITARY SERVICE AND WHO IS A PARENT, ADOPTIVE PARENT, OR ADJUDI-
 CATED  PARENT WHO HAS PHYSICAL CUSTODY OF A MINOR CHILD AND WHO DOES NOT
 SHARE JOINT CUSTODY OF THE CHILD MAY APPOINT IN WRITING, WITH NOTICE  TO
 THE  OTHER  LIVING  PARENT OF THE CHILD AND TO THE COURT AS DESCRIBED IN
 SUBDIVISION TWO OF THIS SECTION, A SHORT-TERM MILITARY SERVICE  GUARDIAN
 OF THE MINOR CHILD. THE WRITTEN INSTRUMENT APPOINTING A SHORT-TERM MILI-
 TARY  SERVICE  GUARDIAN SHALL BE DATED AND SHALL IDENTIFY THE APPOINTING
 PARENT, THE OTHER LIVING PARENT, THE MINOR, AND THE PERSON APPOINTED  TO
 BE  THE  SHORT-TERM  MILITARY  SERVICE  GUARDIAN. THE WRITTEN INSTRUMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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