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Custody Findings Delayed During Military Deployment

By Joel Stashenko
October 31, 2008

Judges in New York will be prohibited from making permanent child custody decisions when a parent has been activated or deployed by the U.S. military, under a bill signed by Governor David A. Paterson. Sponsors said the legislation (A8722/S5860) would guarantee that the custodial status of military personnel will not be permanently changed because of their physical absence from their children while on military duty.

The amendment to Domestic Relations Law ' 75-1 does allow judges to make temporary modifications to custody orders, if such changes are in the best interests of the children of deploying service personnel. Deployments can be within the United States or overseas. However, upon return to New York of the service member, either party in a custody arrangement can request a new hearing at which a court will decide if there has been a change of circumstances that would justify making modifications to the pre-deployment custody order, the legislation stipulates.

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