senate Bill S2094B
(R, C, IP) 22nd Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Relates to standing of certain relatives in custody and guardianship proceedings.
- See Assembly Version of this Bill:
- Legislative Cycle:
- Assembly Judiciary
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §72, Dom Rel L; amd §651, Fam Ct Act
- Versions Introduced in Previous Legislative Cycles:
2011-2012: S1749C, A10218A, S1749C
2009-2010: S2033, S2033
TITLE OF BILL: An act to amend the domestic relations law and the
family court act, in relation to the standing of certain relatives in
custody and guardianship proceedings
The purpose of this bill is to afford close relatives of children the
opportunity to petition the court for custody or guardianship of a
minor child when extraordinary circumstances exist.
SUMMARY OF PROVISIONS:
Section one of the bill amends Domestic Relations Law section 72(2)(a)
to provide certain relatives to a parent of a minor child with the
same right as the child's grandparents, which is to petition the court
for custody when an extraordinary circumstance exists. These relatives
must reside within the state and be within the second degree of
consanguinity or affinity to one of the minor child's parents.
Section one also amends Domestic Relations Law section 72(2)(b) to
provide that when a parent proves by a preponderance of the evidence
that acts of domestic violence committed against that parent
contributed to his or her relinquishment of care and control of the
minor child, the court shall find that no extraordinary circumstances
Section two of the bill amends Family Court Act section 651(b) and (d)
to include petitions for custody of a minor child pursuant to Domestic
Relations Law section 72 made by relatives of the minor child who are
within the second degree of consanguinity or affinity to one of the
minor child's parents within the Family Court's jurisdiction and when
a relative's petition is for the custody of a minor child who has been
placed in care pursuant to Family Court Act Article 10, to require
service of the petition upon the social services official having care
and custody of such child, and the child's attorney.
Section three of the bill provides that provides that this act shall
take effect immediately.
Domestic Relations Law section 72(b) currently allows the grandparents
of a minor child to seek custody or guardianship of the child when
extraordinary circumstances exist.
Too often in our current system, children are placed in the foster
care even though there may be relatives whose homes are available for
placement. At this time, the Domestic Relations Law allows only the
grandparents of a child whose parents have failed to provide for his
or her care due to extraordinary circumstances to petition for custody
of the child. This bill will expand Domestic Relations Law section 72
to allow the close relatives of a child whose parents have failed to
provide care for his or her care due to extraordinary circumstances to
petition for custody.
Petitioning for custody of a child is an affirmative act that is
undertaken by those who care about the child's well-being. Providing a
child's relatives with the opportunity to petition for, and be
granted, custody of the child is in the best interest of the child. A
child who resides in the home of a relative will be afforded the
opportunity to feel safe and loved. The child will develop a sense of
These children have a void in their lives from their parents' absence.
They deserve the chance to remain with and to experience life with
relatives who want to be part of their lives and care for them.
2013: S.2094-A - Passed Senate
2012: S.1479-C - Passed Senate
2011: S.1479 - Referred to Aging
2010: S.2033 -3rd Reading
2009: S.2033 -Referred to Aging
2008: S.5968-A- Referred to Aging
2007: S.5968-Referred to Rules
This act shall take effect immediately.
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