Bill Text: NY A03592 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides that a great-grandparent may apply to the supreme court for visitation rights with respect to certain minor great-grandchildren where either or both of the parents of such child is or are deceased.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2016-05-17 - held for consideration in judiciary [A03592 Detail]

Download: New_York-2015-A03592-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3592
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by  M.  of  A.  MONTESANO  --  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 visitation rights of great-grandparents
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The section heading and subdivision 1 of section 72 of  the
    2  domestic  relations  law, as amended by chapter 657 of the laws of 2003,
    3  are amended to read as follows:
    4    Special proceeding or habeas corpus to  obtain  visitation  rights  IN
    5  RESPECT TO CERTAIN INFANT GRANDCHILDREN OR GREAT-GRANDCHILDREN or custo-
    6  dy  in respect to certain infant grandchildren.  1. Where either or both
    7  of the parents of a minor child, residing within this state, is  or  are
    8  deceased, or where circumstances show that conditions exist which equity
    9  would  see  fit  to  intervene,  a grandparent [or], the grandparents, A
   10  GREAT-GRANDPARENT OR THE GREAT-GRANDPARENTS of such child may  apply  to
   11  the  supreme  court  by commencing a special proceeding or for a writ of
   12  habeas corpus to have such child brought before such court, or may apply
   13  to the family court pursuant to subdivision (b) of section  six  hundred
   14  fifty-one of the family court act; and on the return thereof, the court,
   15  by  order,  after  due notice to the parent or any other person or party
   16  having the care, custody, and control of such child, to be given in such
   17  manner as the court shall prescribe, may make  such  directions  as  the
   18  best  interest  of the child may require, for visitation rights for such
   19  grandparent [or], grandparents, GREAT-GRANDPARENT OR  GREAT-GRANDPARENTS
   20  in respect to such child.
   21    S  2. Subdivisions (b) and (d) of section 651 of the family court act,
   22  subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
   23  vision (d) as amended by chapter 41 of the laws of 2010, are amended  to
   24  read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07551-01-5
       A. 3592                             2
    1    (b) When initiated in the family court, the family court has jurisdic-
    2  tion  to  determine,  in  accordance with subdivision one of section two
    3  hundred forty of the domestic relations law and  with  the  same  powers
    4  possessed  by  the  supreme  court in addition to its own powers, habeas
    5  corpus proceedings and proceedings brought by petition and order to show
    6  cause,  for  the  determination  of the custody or visitation of minors,
    7  including  applications  by  a   grandparent   [or],   grandparents,   A
    8  GREAT-GRANDPARENT  OR GREAT-GRANDPARENTS for visitation or A GRANDPARENT
    9  OR GRANDPARENTS FOR custody rights pursuant to  section  seventy-two  or
   10  two hundred forty of the domestic relations law.
   11    (d)  With respect to applications by a grandparent [or], grandparents,
   12  A GREAT-GRANDPARENT OR GREAT-GRANDPARENTS for visitation or A  GRANDPAR-
   13  ENT  OR GRANDPARENTS FOR custody rights, made pursuant to section seven-
   14  ty-two or two hundred forty of the domestic relations law, with a  child
   15  remanded or placed in the care of a person, official, agency or institu-
   16  tion  pursuant  to the provisions of article ten of this act, the appli-
   17  cant, in such manner as the court shall prescribe, shall serve a copy of
   18  the application upon the social services official having care and custo-
   19  dy of such child, and the child's attorney, who  shall  be  afforded  an
   20  opportunity to be heard thereon.
   21    S 3. This act shall take effect immediately.