senate Bill S6402

2017-2018 Legislative Session

Relates to the rights of grandparents with respect to visitation rights or custody of minor children

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 committed to rules
Feb 28, 2018 advanced to third reading
Feb 27, 2018 2nd report cal.
Feb 13, 2018 1st report cal.503
Jan 03, 2018 referred to children and families
May 16, 2017 referred to children and families

Votes

view votes

Feb 13, 2018 - Children and Families committee Vote

S6402
4
0
committee
4
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Feb 13, 2018

Co-Sponsors

S6402 (ACTIVE) - Details

See Assembly Version of this Bill:
A7821
Current Committee:
Senate Rules
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5252, A1544
2021-2022: S2165, A1355

S6402 (ACTIVE) - Summary

Establishes the intent of the legislature to generally defer to parental choices regarding the care, custody and control of their children; mandates that the death of a parent shall be a factor when considering a grandparent's standing to receive visitation or custody; directs that costs be payable by an unsuccessful petitioner where a contest was brought in bad faith.

S6402 (ACTIVE) - Sponsor Memo

S6402 (ACTIVE) - Bill Text download pdf


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

                                  6402

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              May 16, 2017
                               ___________

Introduced by Sen. MARCHIONE -- 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, in relation to the rights of
  grandparents  with  respect  to  visitation rights or custody of minor
  children

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

  Section  1.  Section  72  of the domestic relations law, as amended by
chapter 657 of the laws of 2003, is amended to read as follows:
  § 72. Special proceeding or habeas corpus to obtain visitation  rights
or  custody  in  respect  to certain infant grandchildren. 1.  (A) 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  of  [such child] A MINOR CHILD, RESIDING WITHIN THIS STATE
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].
  (B) WHEN DETERMINING WHETHER SUCH GRANDPARENT  OR  GRANDPARENTS  SHALL
HAVE  STANDING TO COMMENCE SUCH PROCEEDINGS PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, A STRONG PRESUMPTION EXISTS IN FAVOR OF PARENTAL DECI-
SIONS CONCERNING VISITATION. FURTHER, THE  COURT  SHALL  NOT  APPOINT  A
GUARDIAN  AD  LITEM  UNTIL  SUCH TIME AS STANDING OF SUCH GRANDPARENT OR
GRANDPARENTS HAS BEEN DETERMINED. A PETITIONER  SEEKING  TO  OVERTURN  A
PARENTAL  DECISION  MUST  ALLEGE,  WITH DETAIL AND SPECIFICITY, THAT THE
CHILD WOULD EXPERIENCE SIGNIFICANT HARM TO HIS OR HER HEALTH, SAFETY, OR
WELFARE IF VISITATION WERE DENIED. PRIOR TO  FILING  THE  PETITION,  THE
PETITIONER  MUST  HAVE  MADE A GOOD FAITH ATTEMPT AT RECONCILIATION WITH
THE RESPONDENT AND THE PETITION MUST ALLEGE  SO  WITH  SPECIFICITY,  AND
MUST  BE VERIFIED OR ACCOMPANIED BY A VERIFIED AFFIDAVIT. THE PETITIONER

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

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