Laws of New York (Last Updated: November 21, 2014) |
DOM Domestic Relations |
Article 5-A. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT |
Title 1. GENERAL PROVISIONS |
Section 75-L. Military service by parent; effect on child custody orders
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1. During the period of time that a parent is activated, deployed or temporarily assigned to military service, such that the parent's ability to continue as a joint caretaker or the primary caretaker of a minor child is materially affected by such military service, a court shall be prohibited from issuing any permanent orders, modifications or amendments, based on the fact that the parent is activated, deployed or temporarily assigned to military service, which would in any way effect or change a previous judgment or order regarding custody of that parent's child or children as such judgment or order existed on the date the parent was activated, deployed, or temporarily assigned to military service. Any relevant provisions of the Service Member's Civil Relief Act shall apply to all proceedings governed by this section. 2. During such period the court may enter a temporary order to modify or amend custody if there is clear and convincing evidence that the temporary modification or amendment is in the best interests of the child. An attorney for the child shall be appointed in all cases where a temporary modification is sought during such military service. When entering a temporary order under this section, the court shall consider and provide for, if feasible and if in the best interest of the child, contact between the military service member and his or her child including, but not limited to, electronic communication by webcam, telephone, or other available means. During the period of the parent's leave from military service, the court shall consider the best interest of the child when establishing a parenting schedule. For such purpose, a "leave from service" shall be a period of not more than three months. 3. If a temporary order is issued under this section, upon the return of the parent from active military service, deployment or temporary assignment and upon the request of either parent, there shall be held a hearing at which the court shall determine whether there has been a change of circumstances such that the custody judgment or order previously in effect should be changed, amended or modified. 4. This section shall not apply to assignments to permanent duty stations or permanent changes of station.