New York Laws
Title 1 - General Provisions
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.