Senate Bill S2153

2015-2016 Legislative Session

Relates to the standing of certain relatives in custody and guardianship proceedings

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S2153 (ACTIVE) - Details

See Assembly Version of this Bill:
A380
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: S2033
2011-2012: S1749, A10218
2013-2014: S2094, A7189
2017-2018: S1614, A7574
2019-2020: S5648, A8316

2015-S2153 (ACTIVE) - Summary

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

2015-S2153 (ACTIVE) - Sponsor Memo

2015-S2153 (ACTIVE) - Bill Text download pdf

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

                                  2153

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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:

  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00746-01-5
              

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