Assembly Bill A2886

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current 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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2023-A2886 (ACTIVE) - Details

See Senate Version of this Bill:
S7470
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7821, S6402
2019-2020: A1544, S5252
2021-2022: A1355, S2165

2023-A2886 (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.

2023-A2886 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2886
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2023
                                ___________
 
 Introduced  by M. of A. WOERNER, SAYEGH, DeSTEFANO, J. M. GIGLIO, DiPIE-
   TRO, DARLING, FAHY -- Multi-Sponsored  by  --  M.  of  A.  BRAUNSTEIN,
   JOYNER,  SANTABARBARA,  SEAWRIGHT,  STECK,  ZEBROWSKI -- read once and
   referred to the Committee on Judiciary
 
 AN ACT to amend the domestic relations law, in relation to the rights of
   grandparents with respect to visitation rights with 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04246-02-3
              

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yogawithnora
8 months ago

Did you know that New York State is one of only 4 states that grants grandparents the right to file a petition and obtain visitation with grandchildren regardless of objections from parents?

New York Domestic Relations Law §72 is a violation of the 14th Amendment, by overriding parental decisions on who can see their children. This puts children at risk and does not consider generational trauma. Parents who are wanting to protect their children from physical and/or emotional abuse, in which they experienced as children, are not able to in NYS. This is wrong.

The United States Supreme Court has ruled that the right of a parent to decide who his or her child has contact with is one of the fundamental rights of parenthood. The New York Appellate Court ruled in 2001 that this law is unconstitutional. However, courts in NY continue to put children at risk by seeing such cases and ruling in favor of grandparents.

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