N.Y. Domestic Relations Law § 75-l: Military service by parent; effect on child custody orders pursuant to this article

§ 75-l. Military service by parent; effect on child custody orders

pursuant to this article. 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, any orders issued pursuant to this article, based on

the fact that the parent is activated, deployed or temporarily assigned

to military service, which would materially affect 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 shall be subject

to review pursuant to subdivision three of this section. 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 an order to modify custody

if there is clear and convincing evidence that the modification is in

the best interests of the child. An attorney for the child shall be

appointed in all cases where a modification is sought during such

military service. Such order shall be subject to review pursuant to

subdivision three of this section. When entering an order under this

section, the court shall consider and provide for, if feasible and if in

the best interests of the child, contact between the military service

member and his or her child including, but not limited to, electronic

communication by e-mail, webcam, telephone, or other available means.

During the period of the parent's leave from military service, the court

shall consider the best interests of the child when establishing a

parenting schedule, including visiting and other contact. For such

purpose, a "leave from service" shall be a period of not more than three

months.

3. Unless the parties have otherwise stipulated or agreed, if an order

is issued under this section, the return of the parent from active

military service, deployment or temporary assignment shall be considered

a substantial change in circumstances. Upon the request of either

parent, the court shall determine on the basis of the child's best

interests whether the custody judgment or order previously in effect

should be modified.

4. This section shall not apply to assignments to permanent duty

stations or permanent changes of station.