S03228 Summary:

BILL NOS03228
 
SAME ASSAME AS A01254
 
SPONSORRANZENHOFER
 
COSPNSRBALL, DEFRANCISCO, MCDONALD, RITCHIE
 
MLTSPNSR
 
Amd SS70 & 240, Dom Rel L
 
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.
Go to top    

S03228 Actions:

BILL NOS03228
 
02/14/2011REFERRED TO CHILDREN AND FAMILIES
05/02/20111ST REPORT CAL.404
05/03/20112ND REPORT CAL.
05/04/2011ADVANCED TO THIRD READING
05/25/2011PASSED SENATE
05/25/2011DELIVERED TO ASSEMBLY
05/25/2011referred to judiciary
01/04/2012died in assembly
01/04/2012returned to senate
01/04/2012REFERRED TO CHILDREN AND FAMILIES
03/05/20121ST REPORT CAL.284
03/06/20122ND REPORT CAL.
03/07/2012ADVANCED TO THIRD READING
03/12/2012PASSED SENATE
03/12/2012DELIVERED TO ASSEMBLY
03/12/2012referred to judiciary
Go to top

S03228 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S03228 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3228
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    February 14, 2011
                                       ___________
 
        Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- 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,  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:
 
     1    Section 1. Section 70 of the domestic  relations  law  is  amended  by
     2  adding a new subdivision (c) to read as follows:
     3    (c)  Notwithstanding  any  other provision of law to the contrary, the
     4  court shall not consider the deployment of a parent in active service of
     5  the armed forces of the United States or of the organized militia of the
     6  state of New York as a detrimental factor to the awarding of custody  of
     7  a  child where a suitable child care plan for the period of such deploy-
     8  ment has been presented to the court by the petitioning parent.
     9    § 2. Paragraph (a) of subdivision 1 of section  240  of  the  domestic

    10  relations law, as amended by chapter 476 of the laws of 2009, is amended
    11  and a new subdivision 1-d is added to read as follows:
    12    (a)  In any action or proceeding brought (1) to annul a marriage or to
    13  declare the nullity of a void marriage, or (2) for a separation, or  (3)
    14  for  a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
    15  tion and order to show cause, the custody of or right to visitation with
    16  any child of a marriage, the court shall  require  verification  of  the
    17  status of any child of the marriage with respect to such child's custody
    18  and  support,  including  any  prior  orders, and shall enter orders for
    19  custody and support as, in the  court's  discretion,  justice  requires,
    20  having  regard  to  the  circumstances of the case and of the respective
    21  parties and to the best interests  of  the  child  and  subject  to  the

    22  provisions  of  [subdivision]  subdivisions  one-c  and  one-d  of  this
    23  section. Where either party to an action  concerning  custody  of  or  a
    24  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.
                                                                   LBD02429-01-1

        S. 3228                             2
 
     1  complaint or sworn answer, cross-petition, counterclaim or  other  sworn
     2  responsive  pleading that the other party has committed an act of domes-
     3  tic violence against the party making the  allegation  or  a  family  or
     4  household  member of either party, as such family or household member is

     5  defined in article eight of the family court act, and  such  allegations
     6  are  proven  by a preponderance of the evidence, the court must consider
     7  the effect of such domestic violence upon  the  best  interests  of  the
     8  child,  together  with  such  other facts and circumstances as the court
     9  deems relevant in making a direction pursuant to this section and  state
    10  on  the  record how such findings, facts and circumstances factored into
    11  the direction. If a parent makes a good  faith  allegation  based  on  a
    12  reasonable  belief  supported  by  facts that the child is the victim of
    13  child abuse, child neglect, or the effects of domestic violence, and  if
    14  that  parent acts lawfully and in good faith in response to that reason-
    15  able belief to protect the child or seek treatment for the  child,  then
    16  that parent shall not be deprived of custody, visitation or contact with

    17  the child, or restricted in custody, visitation or contact, based solely
    18  on  that belief or the reasonable actions taken based on that belief. If
    19  an allegation that a child is abused is supported by a preponderance  of
    20  the  evidence,  then  the court shall consider such evidence of abuse in
    21  determining the visitation arrangement that is in the best  interest  of
    22  the  child,  and  the  court shall not place a child in the custody of a
    23  parent who presents a substantial risk of harm to that child, and  shall
    24  state  on  the  record how such findings were factored into the determi-
    25  nation. An order directing the payment of child  support  shall  contain
    26  the  social  security  numbers  of the named parties. In all cases there
    27  shall be no prima facie right to the custody  of  the  child  in  either
    28  parent. Such direction shall make provision for child support out of the

    29  property  of  either or both parents. The court shall make its award for
    30  child support pursuant to subdivision one-b of this section. Such direc-
    31  tion may provide for reasonable visitation rights to the maternal and/or
    32  paternal grandparents of any child of the parties. Such direction as  it
    33  applies  to  rights of visitation with a child remanded or placed in the
    34  care of a person, official, agency or institution  pursuant  to  article
    35  ten of the family court act, or pursuant to an instrument approved under
    36  section three hundred fifty-eight-a of the social services law, shall be
    37  enforceable  pursuant  to  part eight of article ten of the family court
    38  act and sections three hundred fifty-eight-a and three  hundred  eighty-
    39  four-a of the social services law and other applicable provisions of law
    40  against any person having care and custody, or temporary care and custo-

    41  dy,  of the child. Notwithstanding any other provision of law, any writ-
    42  ten application or motion to the court for the establishment,  modifica-
    43  tion  or  enforcement  of  a child support obligation for persons not in
    44  receipt of public assistance and care must contain either a request  for
    45  child  support enforcement services which would authorize the collection
    46  of the support  obligation  by  the  immediate  issuance  of  an  income
    47  execution  for  support  enforcement  as  provided  for by this chapter,
    48  completed in the manner specified in section one hundred eleven-g of the
    49  social services law; or a statement that the applicant has  applied  for
    50  or  is  in  receipt  of such services; or a statement that the applicant
    51  knows of the availability of such services, has declined  them  at  this
    52  time  and  where  support  enforcement  services pursuant to section one

    53  hundred eleven-g of the social services law have been declined that  the
    54  applicant  understands  that  an  income  deduction  order may be issued
    55  pursuant to subdivision (c) of section fifty-two  hundred  forty-two  of
    56  the civil practice law and rules without other child support enforcement

        S. 3228                             3
 
     1  services  and that payment of an administrative fee may be required. The
     2  court shall provide a  copy  of  any  such  request  for  child  support
     3  enforcement  services  to the support collection unit of the appropriate
     4  social services district any time it directs payments to be made to such
     5  support  collection  unit.  Additionally,  the  copy of any such request
     6  shall be accompanied by the name, address and social security number  of
     7  the  parties;  the date and place of the parties' marriage; the name and

     8  date of birth of the child or children; and the name and address of  the
     9  employers  and  income  payors  of  the party from whom child support is
    10  sought or from the party ordered to  pay  child  support  to  the  other
    11  party.  Such direction may require the payment of a sum or sums of money
    12  either directly to the custodial parent or to third persons for goods or
    13  services furnished for such child, or for both payments to the custodial
    14  parent and to such third persons; provided,  however,  that  unless  the
    15  party seeking or receiving child support has applied for or is receiving
    16  such  services,  the  court shall not direct such payments to be made to
    17  the support collection unit,  as  established  in  section  one  hundred
    18  eleven-h  of  the social services law. Every order directing the payment
    19  of support shall require that if either parent currently, or at any time

    20  in the future, has health  insurance  benefits  available  that  may  be
    21  extended  or  obtained  to  cover  the child, such parent is required to
    22  exercise the option of additional coverage in favor of  such  child  and
    23  execute  and  deliver  to  such  person any forms, notices, documents or
    24  instruments necessary to assure timely payment of any  health  insurance
    25  claims for such child.
    26    1-d.  Notwithstanding  any other provision of law to the contrary, the
    27  court shall not consider the deployment of a parent in active service of
    28  the armed forces of the United States or of the organized militia of the
    29  state of New York as a detrimental factor to the awarding of custody  of
    30  a child to a petitioning parent where a suitable child care plan for the

    31  period  of  such  deployment  has  been  presented  to the court by such
    32  parent.
    33    § 3. This act shall take effect immediately.
Go to top