Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 26, 2014 |
referred to judiciary delivered to assembly passed senate |
Feb 10, 2014 |
advanced to third reading |
Feb 04, 2014 |
2nd report cal. |
Feb 03, 2014 |
1st report cal.89 |
Jan 08, 2014 |
referred to children and families returned to senate died in assembly |
May 21, 2013 |
referred to judiciary delivered to assembly passed senate |
May 08, 2013 |
advanced to third reading |
May 07, 2013 |
2nd report cal. |
May 06, 2013 |
1st report cal.534 |
Apr 22, 2013 |
print number 3507a |
Apr 22, 2013 |
amend (t) and recommit to children and families |
Feb 05, 2013 |
referred to children and families |
Senate Bill S3507A
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
2013-S3507 - Details
2013-S3507 - Summary
Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody where a suitable child care plan is presented; provides, upon return of a military member from a deployment, for the reinstatement of the child custody order in effect prior to such deployment.
2013-S3507 - Sponsor Memo
BILL NUMBER:S3507 TITLE OF BILL: An act to amend the domestic relations law, in relation to child custody when a parent is deployed on military active duty; and to amend the military law, in relation to extending certain benefits afforded with respect to judicial proceedings where the minor dependent of a military member is involved as a party PURPOSE: To negate the issue of military deployment as a factor in the awarding of child custody. SUMMARY OF PROVISIONS: Section One - Section 70 of the domestic relations law is amended by adding a new subdivision c to order that a court shall not use the issue of military deployment as a factor in the awarding of child custody. Section Two - Subdivision 3 of section 75-1 of the domestic relations law, as amended by chapter 473 of the laws of 2009 is amended to add that within 30 days of return from military deployment the child custody order in effect immediately prior to any modifications thereof pursuant to subdivisions one and two of this section shall be reinstated and be in full force and effect. Section Three - Paragraph (a) of subdivision 1 of section 240 of the domestic relations law, as amended by chapter 476 of the laws of 2009, is amended and a new subdivision 1-d is added to order that a court
2013-S3507 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3507 2013-2014 Regular Sessions I N S E N A T E February 5, 2013 ___________ Introduced by Sen. BALL -- 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 child custody when a parent is deployed on military active duty; and to amend the military law, in relation to extending certain benefits afforded with respect to judicial proceedings where the minor dependent of a mili- tary member is involved as a party THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 70 of the domestic relations law is amended by adding a new subdivision (c) to read as follows: (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COURT SHALL NOT CONSIDER THE PAST OR CURRENT DEPLOYMENT, OR POSSIBLE FUTURE DEPLOYMENT OF A PARENT IN ACTIVE SERVICE OF THE ARMED FORCES OF THE UNITED STATES OR OF THE ORGANIZED MILITIA OF THE STATE AS A DETRI- MENTAL FACTOR TO THE AWARDING OF CUSTODY OF A CHILD WHERE A SUITABLE CHILD CARE PLAN HAS BEEN PRESENTED TO THE COURT BY THE PETITIONING PARENT. S 2. Subdivision 3 of section 75-l of the domestic relations law, as amended by chapter 473 of the laws of 2009, is amended to read as follows: 3. Unless the parties have otherwise stipulated or agreed, if an order is issued under this section, the return of the parent from active mili- tary service, deployment or temporary assignment shall be considered a substantial change in circumstances, AND WITHIN THIRTY DAYS OF SUCH RETURN THE CHILD CUSTODY ORDER IN EFFECT IMMEDIATELY PRIOR TO ANY MODIFICATIONS THEREOF PURSUANT TO SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL BE REINSTATED AND BE IN FULL FORCE AND EFFECT. [Upon the request of either parent, the court shall determine on the basis of the child's best interests whether the custody judgment or order previously in effect should be modified.] EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07304-01-3
co-Sponsors
(D, WF) 63rd Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2013-S3507A (ACTIVE) - Details
2013-S3507A (ACTIVE) - Summary
Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody where a suitable child care plan is presented; provides, upon return of a military member from a deployment, for the reinstatement of the child custody order in effect prior to such deployment.
2013-S3507A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3507A REVISED MEMO 02/26/2014 TITLE OF BILL: An act to amend the domestic relations law, in relation to child custody when a parent is deployed on military active duty PURPOSE: Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody where a suitable child care plan in presented; provides, upon return of a military member from a deployment, for the reinstatement of the child custody order in effect prior to such deployment. SUMMARY OF PROVISIONS: Section One - amends Section 70 of the domestic relations law by adding a new subdivision (c) to state that the court shall not consider the past or current deployment, or possible future deployment of a parent in active service of the armed forces of the United States or of the organized militia of the state as a detrimental factor to the awarding of custody of a child where a suitable child care plan has been presented to the court by the petitioning parent. Section Two - amends Subdivision 3 of section 75-1 of the domestic relations law to state that within thirty days of such return the
2013-S3507A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3507--A 2013-2014 Regular Sessions I N S E N A T E February 5, 2013 ___________ Introduced by Sens. BALL, RANZENHOFER, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the domestic relations law, in relation to child custody when a parent is deployed on military active duty THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 70 of the domestic relations law is amended by adding a new subdivision (c) to read as follows: (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COURT SHALL NOT CONSIDER THE PAST OR CURRENT DEPLOYMENT, OR POSSIBLE FUTURE DEPLOYMENT OF A PARENT IN ACTIVE SERVICE OF THE ARMED FORCES OF THE UNITED STATES OR OF THE ORGANIZED MILITIA OF THE STATE AS A DETRI- MENTAL FACTOR TO THE AWARDING OF CUSTODY OF A CHILD WHERE A SUITABLE CHILD CARE PLAN HAS BEEN PRESENTED TO THE COURT BY THE PETITIONING PARENT. S 2. Subdivision 3 of section 75-l of the domestic relations law, as amended by chapter 473 of the laws of 2009, is amended to read as follows: 3. Unless the parties have otherwise stipulated or agreed, if an order is issued under this section, the return of the parent from active mili- tary service, deployment or temporary assignment shall be considered a substantial change in circumstances, AND WITHIN THIRTY DAYS OF SUCH RETURN THE CHILD CUSTODY ORDER IN EFFECT IMMEDIATELY PRIOR TO ANY MODIFICATIONS THEREOF PURSUANT TO SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL BE REINSTATED AND BE IN FULL FORCE AND EFFECT. [Upon the request of either parent, the court shall determine on the basis of the child's best interests whether the custody judgment or order previously in effect should be modified.] EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07304-02-3
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