S T A T E O F N E W Y O R K
________________________________________________________________________
380
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. ROZIC, ABINANTI, AUBRY, BENEDETTO, BRINDISI,
CAMARA, CLARK, COLTON, COOK, CRESPO, CUSICK, FAHY, GANTT, LAVINE,
LUPARDO, MAYER, MILLER, MOYA, O'DONNELL, PICHARDO, RIVERA, ROBERTS,
ROBINSON, RODRIGUEZ, ROSENTHAL, RYAN, SCARBOROUGH, WEPRIN, WRIGHT --
Multi-Sponsored by -- M. of A. ARROYO, BRENNAN, FARRELL, GALEF, HEAST-
IE, HEVESI, HOOPER, KAVANAGH, LUPINACCI, MARKEY, MONTESANO, MOSLEY,
PEOPLES-STOKES, PERRY, RAMOS, SEPULVEDA, SIMANOWITZ, SKARTADOS,
TITONE, TITUS -- 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:
Section 1. Subdivision 2 of section 72 of the domestic relations law,
as added by chapter 657 of the laws of 2003, is amended to read as
follows:
2. (a) Where a grandparent or the grandparents of a minor child,
residing within this state, OR RELATIVE WHO IS RELATED TO A PARENT WITH-
IN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY, RESIDING IN THIS
STATE can demonstrate to the satisfaction of the court the existence of
extraordinary circumstances, such grandparent [or], grandparents OR
RELATIVE 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 family court pursuant to
subdivision (b) of section six hundred fifty-one OR SECTION SIX HUNDRED
SIXTY-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 interests of the child may require, for custody rights for such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00746-01-5
A. 380 2
grandparent [or], grandparents OR RELATIVE in respect to such child. An
extended disruption of custody, as such term is defined in this section,
shall constitute an extraordinary circumstance.
(b) For the purposes of this section "extended disruption of custody"
shall include, but not be limited to, a prolonged separation of the
respondent parent and the child for at least twenty-four continuous
months, during which TIME the parent voluntarily relinquished care and
control of the child and the child resided in the household of the peti-
tioner grandparent [or], grandparents OR RELATIVE, provided, however,
that the court may find that extraordinary circumstances exist should
the prolonged separation have lasted for less than twenty-four months
AND PROVIDED THAT WHERE THE PARENT PROVES BY PREPONDERANCE OF THE
EVIDENCE THAT AN ACT OR ACTS OF DOMESTIC VIOLENCE COMMITTED AGAINST THE
PARENT CONTRIBUTED TO THE RELINQUISHMENT OF CARE AND CONTROL, THE COURT
SHALL FIND NO EXTRAORDINARY CIRCUMSTANCES EXIST.
(c) Nothing in this section shall limit the ability of parties to
enter into consensual custody agreements absent the existence of
extraordinary circumstances.
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:
(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 for visitation
or custody rights pursuant to section seventy-two or two hundred forty
of the domestic relations law , OR BY A RELATIVE WHO IS RELATED TO A
PARENT OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY FOR
CUSTODY RIGHTS PURSUANT TO SECTION SEVENTY-TWO OF THE DOMESTIC RELATIONS
LAW.
(d) With respect to applications by a grandparent or grandparents for
visitation or custody rights, made pursuant to section seventy-two or
two hundred forty of the domestic relations law, OR BY A RELATIVE WHO IS
RELATED TO A PARENT OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY OR
AFFINITY FOR CUSTODY RIGHTS PURSUANT TO SECTION SEVENTY-TWO OF THE
DOMESTIC RELATIONS LAW, with a child remanded or placed in the care of a
person, official, agency or institution pursuant to the provisions of
article ten of this act, the applicant, in such manner as the court
shall prescribe, shall serve a copy of the application upon the social
services official having care and custody 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.