S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3790
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. COOK, AUBRY, WEPRIN -- 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 visitation rights of great-grandparents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading and subdivision 1 of section 72 of  the
 domestic  relations  law, as amended by chapter 657 of the laws of 2003,
 are amended to read as follows:
   Special proceeding or habeas corpus to  obtain  visitation  rights  IN
 RESPECT TO CERTAIN INFANT GRANDCHILDREN OR GREAT-GRANDCHILDREN or custo-
 dy  in respect to certain infant grandchildren.  1. 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, A
 GREAT-GRANDPARENT OR THE GREAT-GRANDPARENTS 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 the family court pursuant to subdivision (b) of section  six  hundred
 fifty-one of the family court act; and on the return thereof, 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  interest  of the child may require, for visitation rights for such
 grandparent [or], grandparents, GREAT-GRANDPARENT OR  GREAT-GRANDPARENTS
 in respect to such child.
   §  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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08291-01-3
 A. 3790                             2
              

 
   (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,  A  GREAT-
 GRANDPARENT  OR  GREAT-GRANDPARENTS  for  visitation or A GRANDPARENT OR
 GRANDPARENTS FOR custody rights pursuant to section seventy-two  or  two
 hundred forty of the domestic relations law.
   (d)  With respect to applications by a grandparent [or], grandparents,
 A GREAT-GRANDPARENT OR GREAT-GRANDPARENTS for visitation or A  GRANDPAR-
 ENT  OR GRANDPARENTS FOR custody rights, made pursuant to section seven-
 ty-two or two hundred forty of the domestic relations law, with a  child
 remanded or placed in the care of a person, official, agency or institu-
 tion  pursuant  to the provisions of article ten of this act, the appli-
 cant, in such manner as the court shall prescribe, shall serve a copy of
 the application upon the social services official having care and custo-
 dy 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.