S 5389: 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.