Bill Text: NY A02886 | 2023-2024 | General Assembly | Introduced
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: Slight Partisan Bill (Democrat 12-5)
Status: (Introduced) 2024-01-03 - referred to judiciary [A02886 Detail]
Download: New_York-2023-A02886-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2886 2023-2024 Regular Sessions IN ASSEMBLY January 31, 2023 ___________ Introduced by M. of A. WOERNER, SAYEGH, DeSTEFANO, J. M. GIGLIO, DiPIE- TRO, DARLING, FAHY -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, JOYNER, SANTABARBARA, SEAWRIGHT, STECK, ZEBROWSKI -- read once and referred to the Committee on Judiciary 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04246-02-3A. 2886 2 1 must be verified or accompanied by a verified affidavit. The court shall 2 conduct its own search to determine whether the petitioner is a fit and 3 proper person to have visitation rights with the child and whether the 4 petitioner has ever had allegations of domestic violence, child abuse, 5 child sexual abuse or incidents involving harm, or risk of harm, to a 6 child made against him or her or prior police reports or a domestic 7 violence incident report filed against him or her. The court shall 8 further conduct a search to determine whether the petitioner is, or ever 9 has been, subject to an order of protection or has any criminal history. 10 (c) On the return thereof, the court, by order, after due notice to 11 the parent or any other person or party having the care, custody, and 12 control of such child, to be given in such manner as the court shall 13 prescribe, may make such directions as the best interest of the child 14 may require, for visitation rights for such grandparent or grandparents 15 in respect to such child. Any finding concerning the best interests of 16 the child shall be subject to the strong presumption that the parents' 17 decision is in the child's best interest, and visitation may only be 18 ordered in circumstances in which the child's health, safety or welfare 19 would be adversely affected by the denial of visitation. The court's 20 finding supporting an order of visitation shall be in writing. 21 2. (a) Where a grandparent or the grandparents of a minor child, 22 residing within this state, can demonstrate to the satisfaction of the 23 court the existence of extraordinary circumstances, such grandparent or 24 grandparents of such child may apply to the supreme court by commencing 25 a special proceeding or for a writ of habeas corpus to have such child 26 brought before such court, or may apply to family court pursuant to 27 subdivision (b) of section six hundred fifty-one of the family court 28 act; and on the return thereof, the court, by order, after due notice to 29 the parent or any other person or party having the care, custody, and 30 control of such child, to be given in such manner as the court shall 31 prescribe, may make such directions as the best interests of the child 32 may require, for custody rights for such grandparent or grandparents in 33 respect to such child. An extended disruption of custody, as such term 34 is defined in this section, shall constitute an extraordinary circum- 35 stance. 36 (b) For the purposes of this section "extended disruption of custody" 37 shall include, but not be limited to, a prolonged separation of the 38 respondent parent and the child for at least twenty-four continuous 39 months during which the parent voluntarily relinquished care and control 40 of the child and the child resided in the household of the petitioner 41 grandparent or grandparents, provided, however, that the court may find 42 that extraordinary circumstances exist should the prolonged separation 43 have lasted for less than twenty-four months. 44 (c) Nothing in this section shall limit the ability of parties to 45 enter into consensual custody agreements absent the existence of 46 extraordinary circumstances. 47 3. The court may direct that costs and allowances in whole or in part, 48 including attorney's fees, be payable by an unsuccessful petitioner 49 where the court finds that the contest was brought in bad faith or was 50 frivolous or non-meritorious. 51 § 2. This act shall take effect on the ninetieth day after it shall 52 have become a law.
