Senate Bill S5252

2019-2020 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 Children And Families 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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2019-S5252 (ACTIVE) - Details

See Assembly Version of this Bill:
A1544
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6402, A7821
2021-2022: S2165, A1355
2023-2024: S7470, A2886

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

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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