Bill Text: NY S07470 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the intent of the legislature to generally defer to parental choices regarding the care, custody and control of their children; mandates that the death of a parent shall be a factor when considering a grandparent's standing to receive visitation or custody; directs that costs be payable by an unsuccessful petitioner where a contest was brought in bad faith.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S07470 Detail]

Download: New_York-2023-S07470-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7470

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 30, 2023
                                       ___________

        Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and Families

        AN ACT to amend the domestic relations law, in relation to the rights of
          grandparents with respect to visitation rights with minor children

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  72  of the domestic relations law, as amended by
     2  chapter 657 of the laws of 2003, is amended to read as follows:
     3    § 72. Special proceeding or habeas corpus to obtain visitation  rights
     4  or  custody  in  respect  to certain infant grandchildren. 1.  (a) Where
     5  either or both of the parents of a minor  child,  residing  within  this
     6  state,  is  or are deceased, or where circumstances show that conditions
     7  exist which equity would see fit to  intervene,  a  grandparent  or  the
     8  grandparents  of  [such child] a minor child, residing within this state
     9  may apply to the supreme court by commencing a special proceeding or for
    10  a writ of habeas corpus to have such child brought before such court, or
    11  may apply to the family court pursuant to subdivision (b) of section six
    12  hundred fifty-one of the family court act[; and on].
    13    (b) When determining whether such grandparent  or  grandparents  shall
    14  have  standing to commence such proceedings pursuant to paragraph (a) of
    15  this subdivision, a strong presumption exists in favor of parental deci-
    16  sions concerning visitation. Further, the  court  shall  not  appoint  a
    17  guardian  ad  litem  until  such time as standing of such grandparent or
    18  grandparents has been determined. A petitioner  seeking  to  overturn  a
    19  parental  decision  must  allege,  with detail and specificity, that the
    20  child would experience significant harm to his or her health, safety, or
    21  welfare if visitation were denied. Prior to  filing  the  petition,  the
    22  petitioner  must  have  made a good faith attempt at reconciliation with
    23  the respondent and the petition must allege  so  with  specificity,  and
    24  must be verified or accompanied by a verified affidavit. The court shall
    25  conduct  its own search to determine whether the petitioner is a fit and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04246-02-3
        S. 7470                             2

     1  proper person to have visitation rights with the child and  whether  the
     2  petitioner  has  ever had allegations of domestic violence, child abuse,
     3  child sexual abuse or incidents involving harm, or risk of  harm,  to  a
     4  child  made  against  him  or her or prior police reports  or a domestic
     5  violence incident report filed against  him  or  her.  The  court  shall
     6  further conduct a search to determine whether the petitioner is, or ever
     7  has been, subject to an order of protection or has any criminal history.
     8    (c)  On  the  return thereof, the court, by order, after due notice to
     9  the parent or any other person or party having the  care,  custody,  and
    10  control  of  such  child,  to be given in such manner as the court shall
    11  prescribe, may make such directions as the best interest  of  the  child
    12  may  require, for visitation rights for such grandparent or grandparents
    13  in respect to such child.  Any finding concerning the best interests  of
    14  the  child  shall be subject to the strong presumption that the parents'
    15  decision is in the child's best interest, and  visitation  may  only  be
    16  ordered  in circumstances in which the child's health, safety or welfare
    17  would be adversely affected by the denial  of  visitation.  The  court's
    18  finding supporting an order of visitation shall be in writing.
    19    2.  (a)  Where  a  grandparent  or  the grandparents of a minor child,
    20  residing within this state, can demonstrate to the satisfaction  of  the
    21  court  the existence of extraordinary circumstances, such grandparent or
    22  grandparents of such child may apply to the supreme court by  commencing
    23  a  special  proceeding or for a writ of habeas corpus to have such child
    24  brought before such court, or may apply  to  family  court  pursuant  to
    25  subdivision  (b)  of  section  six hundred fifty-one of the family court
    26  act; and on the return thereof, the court, by order, after due notice to
    27  the parent or any other person or party having the  care,  custody,  and
    28  control  of  such  child,  to be given in such manner as the court shall
    29  prescribe, may make such directions as the best interests of  the  child
    30  may  require, for custody rights for such grandparent or grandparents in
    31  respect to such child. An extended disruption of custody, as  such  term
    32  is  defined  in  this section, shall constitute an extraordinary circum-
    33  stance.
    34    (b) For the purposes of this section "extended disruption of  custody"
    35  shall  include,  but  not  be  limited to, a prolonged separation of the
    36  respondent parent and the child  for  at  least  twenty-four  continuous
    37  months during which the parent voluntarily relinquished care and control
    38  of  the  child  and the child resided in the household of the petitioner
    39  grandparent or grandparents, provided, however, that the court may  find
    40  that  extraordinary  circumstances exist should the prolonged separation
    41  have lasted for less than twenty-four months.
    42    (c) Nothing in this section shall limit  the  ability  of  parties  to
    43  enter  into  consensual  custody  agreements  absent  the  existence  of
    44  extraordinary circumstances.
    45    3. The court may direct that costs and allowances in whole or in part,
    46  including attorney's fees, be  payable  by  an  unsuccessful  petitioner
    47  where  the  court finds that the contest was brought in bad faith or was
    48  frivolous or non-meritorious.
    49    § 2. This act shall take effect on the ninetieth day  after  it  shall
    50  have become a law.