Senate Bill S801

2015-2016 Legislative Session

Creates the short-term military service guardian

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Sponsored By

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

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2015-S801 (ACTIVE) - Details

See Assembly Version of this Bill:
A2681
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Add Art 6-A §§90 - 92, Dom Rel L; add §255, Mil L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2986
2011-2012: S3192
2013-2014: S1127, A5083
2017-2018: S2319, A815
2019-2020: S2954, A2582
2021-2022: A5287, A7170
2023-2024: A5190

2015-S801 (ACTIVE) - Summary

Creates the short term military service guardian; allows parent w/o joint custody to appoint service guardian; provides for a maximum appointment of 180 days.

2015-S801 (ACTIVE) - Sponsor Memo

2015-S801 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   801

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. RANZENHOFER, DeFRANCISCO, GOLDEN, LARKIN, MARCHIONE
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Judiciary

AN ACT to amend the domestic relations law  and  the  military  law,  in
  relation to the creation of the short-term military service guardian

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The domestic relations law is amended by adding a new arti-
cle 6-A to read as follows:
                               ARTICLE 6-A
                  SHORT-TERM MILITARY SERVICE GUARDIAN
SECTION 90. DEFINITIONS.
        91. SHORT-TERM MILITARY SERVICE GUARDIAN.
        92. DUTIES OF A SHORT-TERM MILITARY SERVICE GUARDIAN OF A MINOR.
  S 90. DEFINITIONS. "SHORT-TERM  MILITARY  SERVICE  GUARDIAN"  MEANS  A
GUARDIAN OF THE PERSON OF A MINOR, AS APPOINTED UNDER SECTION NINETY-ONE
OF  THIS  ARTICLE, EFFECTIVE ON THE DATE OF THE APPOINTMENT OR TO BECOME
EFFECTIVE AT A LATER DATE UNDER  SECTION  NINETY-ONE  OF  THIS  ARTICLE,
EXCEPT  THAT  A  SHORT-TERM  MILITARY  SERVICE  GUARDIAN  SHALL HAVE THE
AUTHORITY TO APPLY FOR AND RECEIVE ON BEHALF OF THE  MINOR  BENEFITS  TO
WHICH  THE  CHILD  MAY BE ENTITLED FROM OR UNDER FEDERAL, STATE OR LOCAL
ORGANIZATIONS OR PROGRAMS.
  S 91. SHORT-TERM MILITARY SERVICE GUARDIAN. 1.   A PERSON  WHO  IS  IN
ACTIVE MILITARY SERVICE AND WHO IS A PARENT, ADOPTIVE PARENT, OR ADJUDI-
CATED  PARENT WHO HAS PHYSICAL CUSTODY OF A MINOR CHILD AND WHO DOES NOT
SHARE JOINT CUSTODY OF THE CHILD MAY APPOINT IN WRITING, WITH NOTICE  TO
THE  OTHER  LIVING  PARENT OF THE CHILD AND TO THE COURT AS DESCRIBED IN
SUBDIVISION TWO OF THIS SECTION, A SHORT-TERM MILITARY SERVICE  GUARDIAN
OF THE MINOR CHILD. THE WRITTEN INSTRUMENT APPOINTING A SHORT-TERM MILI-
TARY  SERVICE  GUARDIAN SHALL BE DATED AND SHALL IDENTIFY THE APPOINTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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