Assembly Bill A7189B

2013-2014 Legislative Session

Relates to the standing of certain relatives in custody and guardianship proceedings

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Archive: Last 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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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A7189 - Details

See Senate Version of this Bill:
S2094
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: S2033
2011-2012: A10218, S1749
2015-2016: A380, S2153
2017-2018: A7574, S1614
2019-2020: A8316, S5648

2013-A7189 - Summary

Relates to standing of certain relatives in custody and guardianship proceedings.

2013-A7189 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7189

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced by M. of A. ROZIC, BARRON, CLARK, COOK, CRESPO, MOYA, RIVERA,
  ROBERTS, RODRIGUEZ, RYAN, SCARBOROUGH, WEPRIN -- Multi-Sponsored by --
  M.  of  A.  ARROYO, AUBRY, ESPINAL, GIBSON, HEASTIE, HOOPER, KAVANAGH,
  MONTESANO, PEOPLES-STOKES, PERRY, RAMOS, SIMOTAS, TITUS --  read  once
  and referred to the Committee on Judiciary

AN ACT to amend the domestic relations law, in relation to the notifica-
  tion of certain relatives prior to the placement of children

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 2 of section 72 of the domestic relations law,
as added by chapter 657 of the laws of  2003,  is  amended  to  read  as
follows:
  2.    (a)  Where  a  grandparent or the grandparents of a minor child,
residing within this state, OR RELATIVE WHO IS RELATED TO A PARENT WITH-
IN THE THIRD DEGREE OF CONSANGUINITY OR THROUGH  MARRIAGE  OR  ADOPTION,
RESIDING  IN THIS STATE can demonstrate to the satisfaction of the court
the existence of extraordinary  circumstances,  such  grandparent  [or],
grandparents OR RELATIVE 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  family  court
pursuant  to subdivision (b) of section six hundred fifty-one OR SECTION
SIX HUNDRED SIXTY-ONE of the family court act; and on the return  there-
of,  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 interests of the child may require,  for  custody
rights for such grandparent [or], grandparents OR RELATIVE in respect to
such  child.  An extended disruption of custody, as such term is defined
in this section, shall constitute an extraordinary circumstance.
  (b) For the purposes of this section "extended disruption of  custody"
shall  include,  but  not  be  limited to, a prolonged separation of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03868-01-3

co-Sponsors

multi-Sponsors

2013-A7189A - Details

See Senate Version of this Bill:
S2094
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: S2033
2011-2012: A10218, S1749
2015-2016: A380, S2153
2017-2018: A7574, S1614
2019-2020: A8316, S5648

2013-A7189A - Summary

Relates to standing of certain relatives in custody and guardianship proceedings.

2013-A7189A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7189--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced by M. of A. ROZIC, BARRON, CLARK, COOK, CRESPO, MOYA, RIVERA,
  ROBERTS,  RODRIGUEZ,  RYAN,  SCARBOROUGH, WEPRIN, ROSA, AUBRY, MILLER,
  LAVINE, FAHY, COLTON, ROBINSON --  Multi-Sponsored  by  --  M.  of  A.
  ARROYO,   BRENNAN,   ESPINAL,   GABRYSZAK,  GIBSON,  HEASTIE,  HOOPER,
  KAVANAGH, MARKEY, MONTESANO,  MOSLEY,  PEOPLES-STOKES,  PERRY,  RAMOS,
  SEPULVEDA, SIMOTAS, SKARTADOS, TITONE, TITUS -- read once and referred
  to  the  Committee on Judiciary -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the domestic relations law, in relation to the  standing
  of certain relatives in custody and guardianship proceedings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 2 of section 72 of the domestic relations law,
as added by chapter 657 of the laws of  2003,  is  amended  to  read  as
follows:
  2.    (a)  Where  a  grandparent or the grandparents of a minor child,
residing within this state, OR RELATIVE WHO IS RELATED TO A PARENT WITH-
IN THE SECOND DEGREE OF CONSANGUINITY OR THROUGH MARRIAGE  OR  ADOPTION,
RESIDING  IN THIS STATE can demonstrate to the satisfaction of the court
the existence of extraordinary  circumstances,  such  grandparent  [or],
grandparents OR RELATIVE 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  family  court
pursuant  to subdivision (b) of section six hundred fifty-one OR SECTION
SIX HUNDRED SIXTY-ONE of the family court act; and on the return  there-
of,  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 interests of the child may require,  for  custody
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.
                                                           LBD03868-02-3

co-Sponsors

multi-Sponsors

2013-A7189B (ACTIVE) - Details

See Senate Version of this Bill:
S2094
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: S2033
2011-2012: A10218, S1749
2015-2016: A380, S2153
2017-2018: A7574, S1614
2019-2020: A8316, S5648

2013-A7189B (ACTIVE) - Summary

Relates to standing of certain relatives in custody and guardianship proceedings.

2013-A7189B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7189--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced  by  M.  of  A.  ROZIC,  CLARK,  COOK,  CRESPO, MOYA, RIVERA,
  ROBERTS, RODRIGUEZ, RYAN, SCARBOROUGH, WEPRIN,  ROSA,  AUBRY,  MILLER,
  LAVINE,  FAHY,  COLTON,  ROBINSON, LUPARDO, MAYER, BENEDETTO, KELLNER,
  ROSENTHAL, GANTT -- Multi-Sponsored by -- M. of  A.  ARROYO,  BRENNAN,
  HEASTIE,  HOOPER, KAVANAGH, MARKEY, MONTESANO, MOSLEY, PEOPLES-STOKES,
  PERRY, RAMOS, SEPULVEDA, SIMOTAS, SKARTADOS,  TITONE,  TITUS  --  read
  once   and  referred  to  the  Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- 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  commit-
  tee

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:

  Section 1.  Subdivision 2 of section 72 of the domestic relations law,
as  added  by  chapter  657  of  the laws of 2003, is amended to read as
follows:
  2.  (a) Where a grandparent or the  grandparents  of  a  minor  child,
residing within this state, OR RELATIVE WHO IS RELATED TO A PARENT WITH-
IN  THE  SECOND  DEGREE  OF  CONSANGUINITY OR AFFINITY, RESIDING IN THIS
STATE can demonstrate to the satisfaction of the court the existence  of
extraordinary  circumstances,  such  grandparent  [or],  grandparents OR
RELATIVE 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  family  court  pursuant  to
subdivision  (b) of section six hundred fifty-one OR SECTION SIX HUNDRED
SIXTY-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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03868-09-4

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