Monday, May 30, 2011

Memorial Day: New York State Senate passes bills to assist active military

The New York State Senate has passed two new bills, aimed at protecting the parental rights of our military members:
Bill S.3228 prevents the courts from considering the potential for a military service deployment as a detrimental factor when determining parental custody of a child. So long as the parent provides a suitable child care plan for the period of deployment, under the bill, the courts would not be able to infringe upon that parent’s custodial rights, helping more families of service members to stay together.

Bill S.3192 allows a parent to designate a short-term military service guardian, when necessary, during the period in which a custodial parent will be on active military duty. This guardian would only be designated if there is not another parent who has joint custody of the child, a parent whose parental rights have not been terminated, whose whereabouts are known, and who is willing to make the day-to-day decisions for the child.

The bills have been forwarded to the State Assembly for approval. If passed by the Assembly, the bills would then be forwarded to the governor for further action.