Assembly Actions -
Senate Actions - UPPERCASE
|Mar 03, 2023||
referred to children and families
Senate Bill S5417
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Children And Families Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S5417 (ACTIVE) - Details
2023-S5417 (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.
2023-S5417 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5417 SPONSOR: SCARCELLA-SPANTON 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 childcare 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 childcare 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
2023-S5417 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5417 2023-2024 Regular Sessions I N S E N A T E March 3, 2023 ___________ Introduced by Sen. SCARCELLA-SPANTON -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07801-01-3 S. 5417 2
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