Bill Text: NY A08316 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to standing of certain relatives in custody and guardianship proceedings.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A08316 Detail]
Download: New_York-2019-A08316-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8316 2019-2020 Regular Sessions IN ASSEMBLY June 13, 2019 ___________ Introduced by M. of A. WRIGHT, DICKENS, SIMON, SAYEGH, REYES, BLAKE, SANTABARBARA, JAFFEE -- 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 a relative who is related to a parent of 6 such child within the second degree of consanguinity or affinity, resid- 7 ing in this state, can demonstrate to the satisfaction of the court the 8 existence of extraordinary circumstances, such grandparent [or], grand- 9 parents or relative of such child may apply to the supreme court by 10 commencing a special proceeding or for a writ of habeas corpus to have 11 such child brought before such court, or may apply to family court 12 pursuant to subdivision (b) of section six hundred fifty-one or section 13 six hundred sixty-one of the family court act; and on the return there- 14 of, the court, by order, after due notice to the parent or any other 15 person or party having the care, custody, and control of such child, to 16 be given in such manner as the court shall prescribe, may make such 17 directions as the best interests of the child may require, for custody 18 rights for such grandparent [or], grandparents or relative in respect to 19 such child. An extended disruption of custody, as such term is defined 20 in this section, 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00599-01-9A. 8316 2 1 months, during which time the parent voluntarily relinquished care and 2 control of the child and the child resided in the household of the peti- 3 tioner grandparent [or], grandparents or relative, provided, however, 4 that the court may find that extraordinary circumstances exist should 5 the prolonged separation have lasted for less than twenty-four months 6 and provided further that where a parent of the child proves by prepon- 7 derance of the evidence that an act or acts of domestic violence commit- 8 ted against such parent contributed to his or her relinquishment of care 9 and control of the child, the court shall find no extraordinary circum- 10 stances exist. 11 (c) Nothing in this section shall limit the ability of parties to 12 enter into consensual custody agreements absent the existence of 13 extraordinary circumstances. 14 § 2. Subdivisions (b) and (d) of section 651 of the family court act, 15 subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi- 16 vision (d) as amended by chapter 41 of the laws of 2010, are amended to 17 read as follows: 18 (b) When initiated in the family court, the family court has jurisdic- 19 tion to determine, in accordance with subdivision one of section two 20 hundred forty of the domestic relations law and with the same powers 21 possessed by the supreme court in addition to its own powers, habeas 22 corpus proceedings and proceedings brought by petition and order to show 23 cause, for the determination of the custody or visitation of minors, 24 including applications by a grandparent or grandparents for visitation 25 or custody rights pursuant to section seventy-two or two hundred forty 26 of the domestic relations law , and applications by a relative who is 27 related to a parent of a child in the second degree of consanguinity or 28 affinity for custody rights pursuant to section seventy-two of the 29 domestic relations law. 30 (d) With respect to applications by a grandparent or grandparents for 31 visitation or custody rights, made pursuant to section seventy-two or 32 two hundred forty of the domestic relations law, or by a relative who is 33 related to a parent of a child in the second degree of consanguinity or 34 affinity for custody rights pursuant to section seventy-two of the 35 domestic relations law, with a child remanded or placed in the care of a 36 person, official, agency or institution pursuant to the provisions of 37 article ten of this act, the applicant, in such manner as the court 38 shall prescribe, shall serve a copy of the application upon the social 39 services official having care and custody of such child, and the child's 40 attorney, who shall be afforded an opportunity to be heard thereon. 41 § 3. This act shall take effect immediately.
