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This entry was published on 2014-09-22
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SECTION 635
Petition to restore parental rights
Family Court Act (FCT) CHAPTER 686, ARTICLE 6, PART 1-A
§ 635. Petition to restore parental rights. A petition to modify a
disposition ordered pursuant to subdivision (c) of section six hundred
thirty-one of this article or paragraph (a) of subdivision three of
section three hundred eighty-four-b of the social services law in order
to restore parental rights may be filed in accordance with this part
where the following conditions are met:

(a) the order committing guardianship and custody of the child had
been issued two or more years prior to the date of filing of the
petition under this section; and

(b) the order committing guardianship and custody of the child had
been based upon an adjudication upon grounds enumerated in paragraph
(b), (c) or (d) of subdivision four of section three hundred
eighty-four-b of the social services law; and

(c) the petition alleges that the petitioner or petitioners and the
respondent or respondents in the proceeding in which guardianship and
custody had been committed consent to the relief requested in the
petition or that the petitioner or petitioners withheld consent to the
relief requested in the petition without good cause; and

(d) the child is fourteen years of age or older, remains under the
jurisdiction of the family court, has not been adopted, does not have a
permanency goal of adoption and consents to the relief requested in the
petition.