New York A 2403: Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody in marital actions where a suitable child care plan is presented

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A02403 Summary:

BILL NOA02403 

&nbsp

SAME ASSAME AS S04619

&nbsp

SPONSORHawley

&nbsp

COSPNSRDeStefano, Gallahan, Giglio, Lemondes, Manktelow, Tague, Blankenbush

&nbsp

MLTSPNSRAngelino

&nbsp

Amd §§70 & 240, Dom Rel L

&nbsp

Provides that the issue of military deployment shall not be considered as a factor in the awarding of custody in marital actions where a suitable child care plan is presented.

Go to top A02403 Actions:

BILL NOA02403 

&nbsp

01/16/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA02403 Committee&nbspVotes:

Go to topA02403 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02403 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2403

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 16, 2025
 ___________

 Introduced by M. of A. HAWLEY -- read once and referred to the Committee
 on Judiciary

 AN ACT to amend the domestic relations law, in relation to determi-
 nations of child custody in matrimonial actions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 70 of the domestic relations law is amended by
 2 adding a new subdivision (c) to read as follows:
 3 (c) Notwithstanding any other provision of law to the contrary, the
 4 court shall not consider the deployment of a parent in active service of
 5 the armed forces of the United States or of the organized militia of the
 6 state of New York as a detrimental factor to the awarding of custody of
 7 a child where a suitable child care plan for the period of such deploy-
 8 ment has been presented to the court by the petitioning parent.
 9 § 2. Paragraph (a) of subdivision 1 of section 240 of the domestic
 10 relations law, as amended by chapter 567 of the laws of 2015, is amended
 11 and a new subdivision 1-d is added to read as follows:
 12 (a) In any action or proceeding brought (1) to annul a marriage or to
 13 declare the nullity of a void marriage, or (2) for a separation, or (3)
 14 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
 15 tion and order to show cause, the custody of or right to visitation with
 16 any child of a marriage, the court shall require verification of the
 17 status of any child of the marriage with respect to such child's custody
 18 and support, including any prior orders, and shall enter orders for
 19 custody and support as, in the court's discretion, justice requires,
 20 having regard to the circumstances of the case and of the respective
 21 parties and to the best interests of the child and subject to the
 22 provisions of [subdivision] subdivisions one-c and one-d of this
 23 section. Where either party to an action concerning custody of or a
 24 right to visitation with a child alleges in a sworn petition or
 25 complaint or sworn answer, cross-petition, counterclaim or other sworn

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01049-01-5

 A. 2403 2

 1 responsive pleading that the other party has committed an act of domes-
 2 tic violence against the party making the allegation or a family or
 3 household member of either party, as such family or household member is
 4 defined in article eight of the family court act, and such allegations
 5 are proven by a preponderance of the evidence, the court must consider
 6 the effect of such domestic violence upon the best interests of the
 7 child, together with such other facts and circumstances as the court
 8 deems relevant in making a direction pursuant to this section and state
 9 on the record how such findings, facts and circumstances factored into
 10 the direction. If a parent makes a good faith allegation based on a
 11 reasonable belief supported by facts that the child is the victim of
 12 child abuse, child neglect, or the effects of domestic violence, and if
 13 that parent acts lawfully and in good faith in response to that reason-
 14 able belief to protect the child or seek treatment for the child, then
 15 that parent shall not be deprived of custody, visitation or contact with
 16 the child, or restricted in custody, visitation or contact, based solely
 17 on that belief or the reasonable actions taken