S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8316
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2019
                                ___________
 
 Introduced  by  M.  of  A. WRIGHT, DICKENS, SIMON, SAYEGH, REYES, BLAKE,
   SANTABARBARA, JAFFEE -- 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 A RELATIVE WHO IS RELATED TO A PARENT OF
 SUCH CHILD WITHIN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY, RESID-
 ING IN THIS STATE, can demonstrate to the satisfaction of the court  the
 existence  of extraordinary circumstances, such grandparent [or], grand-
 parents 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  there-
 of,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00599-01-9

 A. 8316                             2
 
 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 FURTHER THAT WHERE A PARENT OF THE CHILD PROVES BY PREPON-
 DERANCE OF THE EVIDENCE THAT AN ACT OR ACTS OF DOMESTIC VIOLENCE COMMIT-
 TED AGAINST SUCH PARENT CONTRIBUTED TO HIS OR HER RELINQUISHMENT OF CARE
 AND CONTROL OF THE CHILD, THE COURT SHALL FIND NO EXTRAORDINARY  CIRCUM-
 STANCES EXIST.
   (c)  Nothing  in  this  section  shall limit the ability of parties to
 enter  into  consensual  custody  agreements  absent  the  existence  of
 extraordinary circumstances.
   §  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 , AND APPLICATIONS 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.
   § 3. This act shall take effect immediately.