Bill Text: NY S05648 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to standing of certain relatives in custody and guardianship proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S05648 Detail]

Download: New_York-2019-S05648-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5648

                               2019-2020 Regular Sessions

                    IN SENATE

                                       May 9, 2019
                                       ___________

        Introduced  by  Sen.  MONTGOMERY  -- 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 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
    24  months, during which time the parent voluntarily relinquished  care  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00599-01-9
        S. 5648                             2

     1  control of the child and the child resided in the household of the peti-
     2  tioner  grandparent  [or],  grandparents or relative, provided, however,
     3  that the court may find that extraordinary  circumstances  exist  should
     4  the  prolonged  separation  have lasted for less than twenty-four months
     5  and provided further that where a parent of the child proves by  prepon-
     6  derance of the evidence that an act or acts of domestic violence commit-
     7  ted against such parent contributed to his or her relinquishment of care
     8  and  control of the child, the court shall find no extraordinary circum-
     9  stances exist.
    10    (c) Nothing in this section shall limit  the  ability  of  parties  to
    11  enter  into  consensual  custody  agreements  absent  the  existence  of
    12  extraordinary circumstances.
    13    § 2. Subdivisions (b) and (d) of section 651 of the family court  act,
    14  subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
    15  vision  (d) as amended by chapter 41 of the laws of 2010, are amended to
    16  read as follows:
    17    (b) When initiated in the family court, the family court has jurisdic-
    18  tion to determine, in accordance with subdivision  one  of  section  two
    19  hundred  forty  of  the  domestic relations law and with the same powers
    20  possessed by the supreme court in addition to  its  own  powers,  habeas
    21  corpus proceedings and proceedings brought by petition and order to show
    22  cause,  for  the  determination  of the custody or visitation of minors,
    23  including applications by a grandparent or grandparents  for  visitation
    24  or  custody  rights pursuant to section seventy-two or two hundred forty
    25  of the domestic relations law , and applications by a  relative  who  is
    26  related  to a parent of a child in the second degree of consanguinity or
    27  affinity for custody rights  pursuant  to  section  seventy-two  of  the
    28  domestic relations law.
    29    (d)  With respect to applications by a grandparent or grandparents for
    30  visitation or custody rights, made pursuant to  section  seventy-two  or
    31  two hundred forty of the domestic relations law, or by a relative who is
    32  related  to a parent of a child in the second degree of consanguinity or
    33  affinity for custody rights  pursuant  to  section  seventy-two  of  the
    34  domestic relations law, with a child remanded or placed in the care of a
    35  person,  official,  agency  or institution pursuant to the provisions of
    36  article ten of this act, the applicant, in  such  manner  as  the  court
    37  shall  prescribe,  shall serve a copy of the application upon the social
    38  services official having care and custody of such child, and the child's
    39  attorney, who shall be afforded an opportunity to be heard thereon.
    40    § 3. This act shall take effect immediately.