BILL NUMBER: S5389
SPONSOR: SCARCELLA-SPANTON
 
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 childcare 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 childcare 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
by requiring court custody orders to take into consideration and a suit-
able child care plan submitted by parents or guardians if they are
active, deployed, or temporarily assigned to military service.
Section 3. 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 yet has not made adequate effort toward this goal. To restore a
modicum of control and confidence to military parents navigating 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 fami-
lies throughout the state.
 
LEGISLATIVE HISTORY:
2024; Held in Children and Families Senate Committee.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5389: 240 domestic relations law, 240(1) domestic relations law