Senate Bill S1373

2021-2022 Legislative Session

Relates to the effect of military service on child care

download bill text pdf

Sponsored By

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-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

2021-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.

2021-S1373 (ACTIVE) - Sponsor Memo

2021-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.

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