A07574 Summary:

BILL NOA07574A
 
SAME ASSAME AS S01614-A
 
SPONSORWright
 
COSPNSRCrespo, Seawright, Vanel, Colton, Ortiz, Hunter, Williams, De La Rosa, Blake, Rosenthal L, Jenne, Peoples-Stokes, Dickens, Davila, Wallace
 
MLTSPNSRBraunstein, Nolan, Simon
 
Amd 72, Dom Rel L; amd 651, Fam Ct Act
 
Relates to standing of certain relatives in custody and guardianship proceedings.
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A07574 Actions:

BILL NOA07574A
 
05/02/2017referred to judiciary
01/03/2018referred to judiciary
03/07/2018amend and recommit to judiciary
03/07/2018print number 7574a
06/06/2018held for consideration in judiciary
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A07574 Committee Votes:

JUDICIARY Chair:Dinowitz DATE:06/06/2018AYE/NAY:19/0 Action: Held for Consideration
DinowitzAyePalumboAye
TitusAyeMontesanoAye
LavineAyeBarclayAye
ZebrowskiExcusedGoodellAye
WeprinAyeCastorinaExcused
BraunsteinAyeMorinelloAye
SimotasAye
QuartAye
TitoneAye
BuchwaldAye
SteckAye
SeawrightAye
SimonAye
JoynerAye
AbinantiAye

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A07574 Floor Votes:

There are no votes for this bill in this legislative session.
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A07574 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7574--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 2, 2017
                                       ___________
 
        Introduced by M. of A. WRIGHT, CRESPO, SEAWRIGHT, VANEL, HARRIS, COLTON,
          ORTIZ,  HUNTER,  WILLIAMS,  DE LA ROSA,  BLAKE,  L. ROSENTHAL,  JENNE,
          PEOPLES-STOKES, DICKENS, DAVILA -- Multi-Sponsored  by  --  M.  of  A.
          BRAUNSTEIN, NOLAN, SIMON -- read once and referred to the Committee on
          Judiciary  --  recommitted to the Committee on Judiciary in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT to amend the domestic relations law and the family court act, in
          relation to the standing of certain relatives in custody and guardian-
          ship proceedings
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision 2 of section 72 of the domestic relations law,
     2  as  added  by  chapter  657  of  the laws of 2003, is amended to read as
     3  follows:
     4    2.  (a) Where a grandparent or the  grandparents  of  a  minor  child,
     5  residing  within  this  state, or relative who is related to a parent of
     6  such child within the second degree of consanguinity or affinity, resid-
     7  ing in this state, can demonstrate to the satisfaction of the court  the
     8  existence  of extraordinary circumstances, such grandparent [or], grand-
     9  parents or relative of such child may apply  to  the  supreme  court  by
    10  commencing  a  special proceeding or for a writ of habeas corpus to have
    11  such child brought before such court,  or  may  apply  to  family  court
    12  pursuant  to subdivision (b) of section six hundred fifty-one or section
    13  six hundred sixty-one of the family court act; and on the return  there-
    14  of,  the  court,  by  order, after due notice to the parent or any other
    15  person or party having the care, custody, and control of such child,  to
    16  be  given  in  such  manner  as the court shall prescribe, may make such
    17  directions as the best interests of the child may require,  for  custody
    18  rights for such grandparent [or], grandparents or relative in respect to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01138-03-7

        A. 7574--A                          2
 
     1  such  child.  An extended disruption of custody, as such term is defined
     2  in this section, shall constitute an extraordinary circumstance.
     3    (b)  For the purposes of this section "extended disruption of custody"
     4  shall include, but not be limited to,  a  prolonged  separation  of  the
     5  respondent  parent  and  the  child  for at least twenty-four continuous
     6  months, during which time the parent voluntarily relinquished  care  and
     7  control of the child and the child resided in the household of the peti-
     8  tioner  grandparent  [or],  grandparents or relative, provided, however,
     9  that the court may find that extraordinary  circumstances  exist  should
    10  the  prolonged  separation  have lasted for less than twenty-four months
    11  and provided further that where a parent of the child proves by  prepon-
    12  derance of the evidence that an act or acts of domestic violence commit-
    13  ted against such parent contributed to his or her relinquishment of care
    14  and  control of the child, the court shall find no extraordinary circum-
    15  stances exist.
    16    (c) Nothing in this section shall limit  the  ability  of  parties  to
    17  enter  into  consensual  custody  agreements  absent  the  existence  of
    18  extraordinary circumstances.
    19    § 2. Subdivisions (b) and (d) of section 651 of the family court  act,
    20  subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
    21  vision  (d) as amended by chapter 41 of the laws of 2010, are amended to
    22  read as follows:
    23    (b) When initiated in the family court, the family court has jurisdic-
    24  tion to determine, in accordance with subdivision  one  of  section  two
    25  hundred  forty  of  the  domestic relations law and with the same powers
    26  possessed by the supreme court in addition to  its  own  powers,  habeas
    27  corpus proceedings and proceedings brought by petition and order to show
    28  cause,  for  the  determination  of the custody or visitation of minors,
    29  including applications by a grandparent or grandparents  for  visitation
    30  or  custody  rights pursuant to section seventy-two or two hundred forty
    31  of the domestic relations law , and applications by a  relative  who  is
    32  related  to a parent of a child in the second degree of consanguinity or
    33  affinity for custody rights  pursuant  to  section  seventy-two  of  the
    34  domestic relations law.
    35    (d)  With respect to applications by a grandparent or grandparents for
    36  visitation or custody rights, made pursuant to  section  seventy-two  or
    37  two hundred forty of the domestic relations law, or by a relative who is
    38  related  to a parent of a child in the second degree of consanguinity or
    39  affinity for custody rights  pursuant  to  section  seventy-two  of  the
    40  domestic relations law, with a child remanded or placed in the care of a
    41  person,  official,  agency  or institution pursuant to the provisions of
    42  article ten of this act, the applicant, in  such  manner  as  the  court
    43  shall  prescribe,  shall serve a copy of the application upon the social
    44  services official having care and custody of such child, and the child's
    45  attorney, who shall be afforded an opportunity to be heard thereon.
    46    § 3. This act shall take effect immediately.
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