Assembly Actions -
Senate Actions - UPPERCASE
|Jan 08, 2020||
referred to children and families
|Apr 18, 2019||
referred to children and families
Senate Bill S5252
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S5252 (ACTIVE) - Details
2019-S5252 (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.
2019-S5252 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5252 SPONSOR: MAY TITLE OF BILL: 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 PURPOSE The purpose of this bill is to require that grandparents be granted legal standing by a judge before being considered for visitation rights or custody of a minor child. SUMMARY OF PROVISIONS Section 1 amends part 1 of section 72 of the domestic relations, law to establish the requirements of the petitioner and of the court in a case to overturn a parental decision regarding custody or visitation of their child. Subsection (a) is amended to specify that any child in question must reside in this state. A new subsection, (b), is added to stipulate that a presumption exists in favor of parental decisions and any peti-
2019-S5252 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5252 2019-2020 Regular Sessions I N S E N A T E April 18, 2019 ___________ Introduced by Sen. MAY -- 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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