NY State Senate Bill S1373

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 (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2022	referred to judiciary delivered to assembly passed senate
May 16, 2022	ordered to third reading cal.1355 committee discharged and committed to rules
Jan 05, 2022	referred to children and families
Jan 11, 2021	referred to children and families

Votes

Co-Sponsors

S1373 (ACTIVE) - Details

See Assembly Version of this Bill:: A6113
Current Committee:: Assembly Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Amd §240, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5543, A8395
2023-2024: S5417, A3221

S1373 (ACTIVE) - Summary

Provides for the review of a suitable child care plan to be presented by the petitioning parent for the period of deployment, including but not limited to, reasonable notice by deploying parent to other parent of deployment, procedures for parents to make out of court arrangements regarding custody and visitation during deployment; prohibits an order of permanent custody without deployed parent's consent; makes related provisions.

S1373 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1373

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the domestic relations law and the family court act, in
relation to the effect of military service on child care

 
PURPOSE:

To allow parents deployed in the military to submit plans or requests
for child care arrangements for consideration by the court.

 
SUMMARY OF PROVISIONS:

Section 1. amends subdivision I of section 240 of the domestic relations
law by requiring court custody orders to take into consideration and a
suitable child care plan submitted by parents or guardians if they are
active, deployed, or temporarily assigned to military service.

Section 2. amends subdivision (f) of section 651 of the family court act

in the by requiring court custody orders to take into consideration and
a suitable child care plan submitted by parents or guardians if they are
active, deployed, or temporarily assigned to military service.

Section 3. is the enacting clause.

 
JUSTIFICATION:

Child custody proceedings can be harrowing ordeals for many families,
and military families face particular challenges due to the demands of
service. Often parents are obligated to spend long stretches of time
away from their children, have difficulty making court appearances, and
generally face constraints in their ability to navigate the logistics of
civil proceedings. Additional efforts to ease the strain caused by their
service are therefore a necessary and just action on the state's part.
The Uniform Deployed Parents Custody and Visitation Act was developed at
the national level to serve as a blueprint for states to adopt, but New
York as yet has not made adequate effort toward this goal.

To restore a modicum of control and confidence to military parents navi-
gating custody proceedings, this bill will require courts to review a
childcare plan submitted by the parent prior to their deployment or
anticipated time away from home. Doing so will provide needed stability
to military families throughout the state.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1373 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1373
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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 the effect of military service on child care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 1 of  paragraph  (a-2)  of  subdivision  1  of
 section  240  of  the domestic relations law, as added by chapter 473 of
 the laws of 2009, is amended to read as follows:
   (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 primary caretaker of a minor
 child is materially affected by such military service, any orders issued
 pursuant to this section, based on the fact that  the  parent  is  acti-
 vated, deployed or temporarily assigned to military service, which would
 materially  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
 subparagraph  three  of  this  paragraph. Any relevant provisions of the
 Service Member's  Civil  Relief  Act  shall  apply  to  all  proceedings
 governed  by  this  section  AND  SHALL INCLUDE THE REVIEW OF A SUITABLE
 CHILD CARE PLAN PRESENTED BY THE PETITIONING PARENT FOR  THE  PERIOD  OF
 SUCH  DEPLOYMENT.  SUCH CHILD CARE PLAN SHALL INCLUDE BUT NOT BE LIMITED
 TO REASONABLE NOTICE BY DEPLOYING PARENT TO OTHER PARENT OF  DEPLOYMENT,
 PROCEDURES  FOR  PARENTS  TO  MAKE  OUT  OF COURT ARRANGEMENTS REGARDING
 CUSTODY AND VISITATION DURING DEPLOYMENT, PROHIBIT AN ORDER OF PERMANENT
 CUSTODY WITHOUT DEPLOYED PARENT'S CONSENT, PROVIDE FOR EXPEDITED CUSTODY
 IF PARENTS DO NOT AGREE THEREBY ESTABLISHING CUSTODY  BEFORE  DEPLOYMENT
 AND  PROVIDE  FOR  A PROCEDURE FOR TERMINATION OF TEMPORARY CUSTODY WHEN
 PARENTS AGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03601-01-1

 S. 1373                             2
 
   § 2. Paragraph 1 of subdivision (f) of section 651 of the family court
 act, as added by chapter 473 of the laws of 2009, is amended to read  as
 follows:
   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 primary  caretaker  of  a  minor
 child is materially affected by such military service, any orders issued
 pursuant  to  this  section,  based on the fact that the parent is acti-
 vated, deployed or temporarily assigned to military service, which would
 materially 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
 paragraph three of this subdivision.  Any  relevant  provisions  of  the
 Service  Member's  Civil  Relief  Act  shall  apply  to  all proceedings
 governed by this section AND SHALL INCLUDE  THE  REVIEW  OF  A  SUITABLE
 CHILD  CARE  PLAN  PRESENTED BY THE PETITIONING PARENT FOR THE PERIOD OF
 SUCH DEPLOYMENT. SUCH CHILD CARE PLAN SHALL INCLUDE BUT NOT  BE  LIMITED
 TO  REASONABLE NOTICE BY DEPLOYING PARENT TO OTHER PARENT OF DEPLOYMENT,
 PROCEDURES FOR PARENTS TO  MAKE  OUT  OF  COURT  ARRANGEMENTS  REGARDING
 CUSTODY AND VISITATION DURING DEPLOYMENT, PROHIBIT AN ORDER OF PERMANENT
 CUSTODY WITHOUT DEPLOYED PARENT'S CONSENT, PROVIDE FOR EXPEDITED CUSTODY
 IF  PARENTS  DO NOT AGREE THEREBY ESTABLISHING CUSTODY BEFORE DEPLOYMENT
 AND PROVIDE FOR A PROCEDURE FOR TERMINATION OF  TEMPORARY  CUSTODY  WHEN
 PARENTS AGREE.
   § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S1373

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

May 25, 2022 - floor Vote

Floor Vote: May 25, 2022

May 16, 2022 - Rules committee Vote

Rules Committee Vote: May 16, 2022

Co-Sponsors

S1373 (ACTIVE) - Details

S1373 (ACTIVE) - Summary

S1373 (ACTIVE) - Sponsor Memo

S1373 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1373

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Sponsored By

John E. Brooks

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 25, 2022 - floor Vote

Floor Vote: May 25, 2022

May 16, 2022 - Rules committee Vote

Rules Committee Vote: May 16, 2022

Co-Sponsors

Joseph P. Addabbo Jr

S1373 (ACTIVE) - Details

S1373 (ACTIVE) - Summary

S1373 (ACTIVE) - Sponsor Memo

S1373 (ACTIVE) - Bill Text download pdf

Comments