Assembly Bill A5762

2021-2022 Legislative Session

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

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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-A5762 (ACTIVE) - Details

See Senate Version of this Bill:
S5998
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70 & 240, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4079
2011-2012: A1254
2013-2014: A325
2015-2016: A3787
2017-2018: A1614
2019-2020: A1894, S5725
2023-2024: A1982, S5310

2021-A5762 (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.

2021-A5762 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5762
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by  M.  of  A.  HAWLEY,  MORINELLO, SMULLEN, ASHBY, SALKA --
   Multi-Sponsored by -- M. of A. BARCLAY -- read once  and  referred  to
   the Committee on Judiciary
 
 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.
   §  2.  Paragraph  (a)  of subdivision 1 of section 240 of the domestic
 relations law, as amended by chapter 567 of the laws of 2015, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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