Bill Text: NY A06151 | 2017-2018 | 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: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced - Dead) 2018-05-08 - reported referred to codes [A06151 Detail]

Download: New_York-2017-A06151-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6151
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 27, 2017
                                       ___________
        Introduced  by  M.  of  A.  COOK,  M. G. MILLER,  WEPRIN, JAFFEE, AUBRY,
          CURRAN, LUPINACCI, RAIA, HARRIS -- Multi-Sponsored  by  --  M.  of  A.
          GALEF,  RA, TITONE -- read once and referred to the Committee on Judi-
          ciary
        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    §  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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05649-01-7
        A. 6151                             2
     1  vision (d) as amended by chapter 41 of the laws of 2010, are amended  to
     2  read as follows:
     3    (b) When initiated in the family court, the family court has jurisdic-
     4  tion  to  determine,  in  accordance with subdivision one of section two
     5  hundred forty of the domestic relations law and  with  the  same  powers
     6  possessed  by  the  supreme  court in addition to its own powers, habeas
     7  corpus proceedings and proceedings brought by petition and order to show
     8  cause, for the determination of the custody  or  visitation  of  minors,
     9  including  applications  by  a  grandparent [or], grandparents, a great-
    10  grandparent or great-grandparents for visitation  or  a  grandparent  or
    11  grandparents  for  custody rights pursuant to section seventy-two or two
    12  hundred forty of the domestic relations law.
    13    (d) With respect to applications by a grandparent [or],  grandparents,
    14  a  great-grandparent or great-grandparents for visitation or a grandpar-
    15  ent or grandparents for custody rights, made pursuant to section  seven-
    16  ty-two  or two hundred forty of the domestic relations law, with a child
    17  remanded or placed in the care of a person, official, agency or institu-
    18  tion pursuant to the provisions of article ten of this act,  the  appli-
    19  cant, in such manner as the court shall prescribe, shall serve a copy of
    20  the application upon the social services official having care and custo-
    21  dy  of  such  child,  and the child's attorney, who shall be afforded an
    22  opportunity to be heard thereon.
    23    § 3. This act shall take effect immediately.