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.
Summary
Bill A06036 amends the domestic relations law and the family court act to address the impact of military service on child custody arrangements. Specifically, it provides that during a parent's activation, deployment, or temporary assignment to military service, any existing custody orders that may be affected by this service are subject to review. The bill mandates that a suitable child care plan must be presented by the deploying parent, which includes provisions for notifying the other parent of deployment, making out-of-court arrangements for custody and visitation, and ensuring that no permanent custody orders can be made without the consent of the deployed parent.
Impact
The bill will modify existing custody laws in New York to ensure that military parents are afforded protections during their service. It aligns state law with the Service Member's Civil Relief Act, ensuring that custody arrangements are flexible and considerate of the unique challenges faced by military families. This change aims to prevent unjust custody modifications during a parent's military service and to facilitate smoother transitions for children during such periods.
Sentiment
The sentiment around Bill A06036 appears to be supportive, particularly among advocates for military families who emphasize the need for legal protections during deployment. There have been no recorded votes or significant opposition noted in committee discussions, indicating a general consensus on the importance of safeguarding the rights of military parents in custody matters.
Contention
While there is broad support for the bill, some concerns have been raised regarding the feasibility of enforcing the proposed child care plans and ensuring that both parents can effectively communicate and cooperate during deployment. Critics argue that the bill may not adequately address potential conflicts that could arise in high-stress situations, such as custody disputes during a parent's absence.
Same As
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.
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.