senate Bill S3835

Relates to the visitation rights of great-grandparents

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Mar / 2011
    • REFERRED TO CHILDREN AND FAMILIES
  • 01 / Jun / 2011
    • 1ST REPORT CAL.923
  • 02 / Jun / 2011
    • 2ND REPORT CAL.
  • 06 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CHILDREN AND FAMILIES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A7191
Versions:
S3835
Legislative Cycle:
2011-2012
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Cycle:
S2734

Votes

4
0
4
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Children and Families committee vote details

Sponsor Memo

BILL NUMBER:S3835

TITLE OF BILL:

An act
to amend the domestic relations law and the family court act, in
relation to the visitation rights of great-grandparents

PURPOSE:

This bill would allow great-grandparents to commence special
proceedings or habeas corpus to obtain visitation rights of certain
infant great-grandchildren.

SUMMARY OF PROVISIONS:

This bill amends §72 of the domestic relations law to include
great-grandparents in the list of those able to gain visitation
rights in respect to certain infant great-grandchildren.

In addition, subdivision (b) and (d) of §651 of the family court act
would be amended to indicate that when initiated in the family court,
the family court has jurisdiction to determine the determination of
the custody or visitation of minors, including applications by
great-grandparents for visitation rights pursuant to §72 of the
domestic relations law.

JUSTIFICATION:

Today, family members are living longer and longer. Family ties
include grandparents and great-grandparents. Children can benefit
from great-grandparents who are able to provide more extensive family
and health history as well as stories and affection. A
great-grandparent provides a direct hereditary link in the circle of
the life of a child, rather than a distant relative such as a cousin,
aunt or uncle.

LEGISLATIVE HISTORY:

2009-10, S.2734; 2007-08, S.1515; 2005-06, S.1093; 2003-04, S.282-B;
2001-2002, S.1368; 1999-2000,S.1621; 1997-98, S.1737; 1995-96, S.2307.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3835

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 7, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- 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 visitation rights of great-grandparents

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading and subdivision 1 of section 72 of  the
domestic  relations  law, as amended by chapter 657 of the laws of 2003,
are amended to read as follows:
  Special proceeding or habeas corpus to  obtain  visitation  rights  IN
RESPECT TO CERTAIN INFANT GRANDCHILDREN OR GREAT-GRANDCHILDREN or custo-
dy  in respect to certain infant grandchildren.  1. Where either or both
of the parents of a minor child, residing within this state, is  or  are
deceased, or where circumstances show that conditions exist which equity
would  see  fit  to  intervene,  a grandparent [or], the grandparents, A
GREAT-GRANDPARENT OR THE GREAT-GRANDPARENTS of such child may  apply  to
the  supreme  court  by commencing a special proceeding or for a writ of
habeas corpus to have such child brought before such court, or may apply
to the family court pursuant to subdivision (b) of section  six  hundred
fifty-one of the family court act; and on the return thereof, the court,
by  order,  after  due notice to the parent or any other person or party
having the care, custody, and control of such child, to be given in such
manner as the court shall prescribe, may make  such  directions  as  the
best  interest  of the child may require, for visitation rights for such
grandparent [or], grandparents, GREAT-GRANDPARENT OR  GREAT-GRANDPARENTS
in respect to such child.
  S  2. Subdivisions (b) and (d) of section 651 of the family court act,
subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
vision (d) as amended by chapter 41 of the laws of 2010, are amended  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09924-01-1

S. 3835                             2

  (b) When initiated in the family court, the family court has jurisdic-
tion  to  determine,  in  accordance with subdivision one of section two
hundred forty of the domestic relations law and  with  the  same  powers
possessed  by  the  supreme  court in addition to its own powers, habeas
corpus proceedings and proceedings brought by petition and order to show
cause,  for  the  determination  of the custody or visitation of minors,
including  applications  by  a   grandparent   [or],   grandparents,   A
GREAT-GRANDPARENT  OR GREAT-GRANDPARENTS for visitation or A GRANDPARENT
OR GRANDPARENTS FOR custody rights pursuant to  section  seventy-two  or
two hundred forty of the domestic relations law.
  (d)  With respect to applications by a grandparent [or], grandparents,
A GREAT-GRANDPARENT OR GREAT-GRANDPARENTS for visitation or A  GRANDPAR-
ENT  OR GRANDPARENTS FOR custody rights, made pursuant to section seven-
ty-two or two hundred forty of the domestic relations law, with a  child
remanded or placed in the care of a person, official, agency or institu-
tion  pursuant  to the provisions of article ten of this act, the appli-
cant, in such manner as the court shall prescribe, shall serve a copy of
the application upon the social services official having care and custo-
dy of such child, and the child's attorney, who  shall  be  afforded  an
opportunity to be heard thereon.
  S 3. This act shall take effect immediately.

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