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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3221
SPONSOR: Hunter
 
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.
 
LEGISLATIVE HISTORY:
2022: A6113
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3221
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. HUNTER -- read once and referred to the Committee
on Judiciary
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:
1 Section 1. Subparagraph 1 of paragraph (a-2) of subdivision 1 of
2 section 240 of the domestic relations law, as added by chapter 473 of
3 the laws of 2009, is amended to read as follows:
4 (1) During the period of time that a parent is activated, deployed or
5 temporarily assigned to military service, such that the parent's ability
6 to continue as a joint caretaker or the primary caretaker of a minor
7 child is materially affected by such military service, any orders issued
8 pursuant to this section, based on the fact that the parent is acti-
9 vated, deployed or temporarily assigned to military service, which would
10 materially affect or change a previous judgment or order regarding
11 custody of that parent's child or children as such judgment or order
12 existed on the date the parent was activated, deployed, or temporarily
13 assigned to military service, shall be subject to review pursuant to
14 subparagraph three of this paragraph. Any relevant provisions of the
15 Service Member's Civil Relief Act shall apply to all proceedings
16 governed by this section and shall include the review of a suitable
17 child care plan presented by the petitioning parent for the period of
18 such deployment. Such child care plan shall include but not be limited
19 to reasonable notice by deploying parent to other parent of deployment,
20 procedures for parents to make out of court arrangements regarding
21 custody and visitation during deployment, prohibit an order of permanent
22 custody without deployed parent's consent, provide for expedited custody
23 if parents do not agree thereby establishing custody before deployment
24 and provide for a procedure for termination of temporary custody when
25 parents agree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07801-01-3
A. 3221 2
1 § 2. Paragraph 1 of subdivision (f) of section 651 of the family court
2 act, as added by chapter 473 of the laws of 2009, is amended to read as
3 follows:
4 1. During the period of time that a parent is activated, deployed or
5 temporarily assigned to military service, such that the parent's ability
6 to continue as a joint caretaker or the primary caretaker of a minor
7 child is materially affected by such military service, any orders issued
8 pursuant to this section, based on the fact that the parent is acti-
9 vated, deployed or temporarily assigned to military service, which would
10 materially affect or change a previous judgment or order regarding
11 custody of that parent's child or children as such judgment or order
12 existed on the date the parent was activated, deployed, or temporarily
13 assigned to military service, shall be subject to review pursuant to
14 paragraph three of this subdivision. Any relevant provisions of the
15 Service Member's Civil Relief Act shall apply to all proceedings
16 governed by this section and shall include the review of a suitable
17 child care plan presented by the petitioning parent for the period of
18 such deployment. Such child care plan shall include but not be limited
19 to reasonable notice by deploying parent to other parent of deployment,
20 procedures for parents to make out of court arrangements regarding
21 custody and visitation during deployment, prohibit an order of permanent
22 custody without deployed parent's consent, provide for expedited custody
23 if parents do not agree thereby establishing custody before deployment
24 and provide for a procedure for termination of temporary custody when
25 parents agree.
26 § 3. This act shall take effect immediately.