Bill Text: NY A07574 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to standing of certain relatives in custody and guardianship proceedings.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2018-06-06 - held for consideration in judiciary [A07574 Detail]

Download: New_York-2017-A07574-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7574
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       May 2, 2017
                                       ___________
        Introduced by M. of A. WRIGHT -- read once and referred to the Committee
          on Judiciary
        AN  ACT to amend the domestic relations law and the family court act, in
          relation to the standing of certain relatives in custody and guardian-
          ship proceedings
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1.  Subdivision 2 of section 72 of the domestic relations law,
     2  as  added  by  chapter  657  of  the laws of 2003, is amended to read as
     3  follows:
     4    2.  (a) Where a grandparent or the  grandparents  of  a  minor  child,
     5  residing within this state, or relative who is related to a parent with-
     6  in  the  second  degree  of  consanguinity or affinity, residing in this
     7  state can demonstrate to the satisfaction of the court the existence  of
     8  extraordinary  circumstances,  such  grandparent  [or],  grandparents or
     9  relative of such child may apply to the supreme court  by  commencing  a
    10  special  proceeding  or  for  a writ of habeas corpus to have such child
    11  brought before such court, or may apply  to  family  court  pursuant  to
    12  subdivision  (b) of section six hundred fifty-one or section six hundred
    13  sixty-one of the family court act; and on the return thereof, the court,
    14  by order, after due notice to the parent or any other  person  or  party
    15  having the care, custody, and control of such child, to be given in such
    16  manner  as  the  court  shall prescribe, may make such directions as the
    17  best interests of the child may require, for  custody  rights  for  such
    18  grandparent  [or], grandparents or relative in respect to such child. An
    19  extended disruption of custody, as such term is defined in this section,
    20  shall constitute an extraordinary circumstance.
    21    (b) For the purposes of this section "extended disruption of  custody"
    22  shall  include,  but  not  be  limited to, a prolonged separation of the
    23  respondent parent and the child  for  at  least  twenty-four  continuous
    24  months,  during  which time the parent voluntarily relinquished care and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01138-01-7
        A. 7574                             2
     1  control of the child and the child resided in the household of the peti-
     2  tioner grandparent [or], grandparents or  relative,  provided,  however,
     3  that  the  court  may find that extraordinary circumstances exist should
     4  the  prolonged  separation  have lasted for less than twenty-four months
     5  and provided that where  the  parent  proves  by  preponderance  of  the
     6  evidence  that an act or acts of domestic violence committed against the
     7  parent contributed to the relinquishment of care and control, the  court
     8  shall find no extraordinary circumstances exist.
     9    (c)  Nothing  in  this  section  shall limit the ability of parties to
    10  enter  into  consensual  custody  agreements  absent  the  existence  of
    11  extraordinary circumstances.
    12    §  2. Subdivisions (b) and (d) of section 651 of the family court act,
    13  subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
    14  vision (d) as amended by chapter 41 of the laws of 2010, are amended  to
    15  read as follows:
    16    (b) When initiated in the family court, the family court has jurisdic-
    17  tion  to  determine,  in  accordance with subdivision one of section two
    18  hundred forty of the domestic relations law and  with  the  same  powers
    19  possessed  by  the  supreme  court in addition to its own powers, habeas
    20  corpus proceedings and proceedings brought by petition and order to show
    21  cause, for the determination of the custody  or  visitation  of  minors,
    22  including  applications  by a grandparent or grandparents for visitation
    23  or custody rights pursuant to section seventy-two or two  hundred  forty
    24  of  the  domestic  relations  law , or by a relative who is related to a
    25  parent of a child in the second degree of consanguinity or affinity  for
    26  custody rights pursuant to section seventy-two of the domestic relations
    27  law.
    28    (d)  With respect to applications by a grandparent or grandparents for
    29  visitation or custody rights, made pursuant to  section  seventy-two  or
    30  two hundred forty of the domestic relations law, or by a relative who is
    31  related  to a parent of a child in the second degree of consanguinity or
    32  affinity for custody rights  pursuant  to  section  seventy-two  of  the
    33  domestic relations law, with a child remanded or placed in the care of a
    34  person,  official,  agency  or institution pursuant to the provisions of
    35  article ten of this act, the applicant, in  such  manner  as  the  court
    36  shall  prescribe,  shall serve a copy of the application upon the social
    37  services official having care and custody of such child, and the child's
    38  attorney, who shall be afforded an opportunity to be heard thereon.
    39    § 3. This act shall take effect immediately.