2017 New York Laws
DOM - Domestic Relations
Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act
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.