Bill > S05389

This bill amends existing New York law to provide additional protections for military service members in child custody matters during deployment. The bill requires that when a parent is activated, deployed, or temporarily assigned to military service in a way that materially affects their ability to care for their child, any existing custody orders will be subject to review. The proposed legislation mandates the creation of a comprehensive child care plan by the deploying parent, which must include several key provisions: reasonable notice to the non-deploying parent about the deployment, procedures for parents to make out-of-court arrangements regarding custody and visitation during deployment, a prohibition on issuing permanent custody orders without the deployed parent's consent, provisions for expedited custody determination if parents cannot agree before deployment, and a process for terminating temporary custody arrangements when parents reach an agreement. These changes are designed to protect the parental rights of military service members and ensure that their temporary military service does not permanently disadvantage them in child custody proceedings. The bill applies to both the Domestic Relations Law and the Family Court Act, ensuring consistent treatment across different legal contexts, and is intended to provide more clarity and fairness for military parents during periods of deployment.

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https://www.nysenate.gov/legislation/bills/2025/S5389