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.
STATE OF NEW YORK
________________________________________________________________________
5389
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
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:
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07818-01-5
S. 5389 2
1 and provide for a procedure for termination of temporary custody when
2 parents agree.
3 § 2. Paragraph 1 of subdivision (f) of section 651 of the family court
4 act, as added by chapter 473 of the laws of 2009, is amended to read as
5 follows:
6 1. During the period of time that a parent is activated, deployed or
7 temporarily assigned to military service, such that the parent's ability
8 to continue as a joint caretaker or the primary caretaker of a minor
9 child is materially affected by such military service, any orders issued
10 pursuant to this section, based on the fact that the parent is acti-
11 vated, deployed or temporarily assigned to military service, which would
12 materially affect or change a previous judgment or order regarding
13 custody of that parent's child or children as such judgment or order
14 existed on the date the parent was activated, deployed, or temporarily
15 assigned to military service, shall be subject to review pursuant to
16 paragraph three of this subdivision. Any relevant provisions of the
17 Service Member's Civil Relief Act shall apply to all proceedings
18 governed by this section and shall include the review of a suitable
19 child care plan presented by the petitioning parent for the period of
20 such deployment. Such child care plan shall include but not be limited
21 to reasonable notice by deploying parent to other parent of deployment,
22 procedures for parents to make out of court arrangements regarding
23 custody and visitation during deployment, prohibit an order of permanent
24 custody without deployed parent's consent, provide for expedited custody
25 if parents do not agree thereby establishing custody before deployment
26 and provide for a procedure for termination of temporary custody when
27 parents agree.
28 § 3. This act shall take effect immediately.
