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 S05389 amends the domestic relations law and the family court act to address the impact of military service on child custody arrangements. It establishes that during a parent's activation, deployment, or temporary assignment to military service, any existing custody orders that could be materially affected by such service will be subject to review. The bill mandates that a suitable child care plan must be presented by the petitioning parent, which includes provisions for notifying the other parent about the deployment, making out-of-court arrangements for custody and visitation, and ensuring that no permanent custody orders can be issued without the consent of the deployed parent. Additionally, it provides for expedited custody arrangements if parents cannot agree and outlines procedures for terminating temporary custody when both parents consent.
Impact
The bill will modify existing state laws related to child custody during military deployments, ensuring that service members' rights are protected when it comes to their parental responsibilities. It aligns state law with the provisions of the Service Member's Civil Relief Act, enhancing the legal framework for military families and potentially reducing conflicts over custody during periods of deployment. The bill aims to create a more structured process for addressing custody issues that arise due to military service, thereby promoting stability for children involved.
Sentiment
The sentiment around Bill S05389 appears to be generally supportive, as it seeks to protect the rights of military parents while ensuring the welfare of children. Discussions have highlighted the importance of accommodating the unique challenges faced by military families, although there may be concerns regarding the implementation of the proposed child care plans and how they will be enforced in practice.
Contention
Notable points of contention may arise around the specifics of the child care plan requirements and the potential for disputes between parents regarding custody arrangements during deployments. Some stakeholders may argue that the bill does not go far enough in protecting the rights of the non-deployed parent, while others may express concerns about the feasibility of the proposed procedures for out-of-court arrangements and expedited custody.
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.