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

                                  7191

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 15, 2011
                               ___________

Introduced  by M. of A. COOK, P. RIVERA, M. MILLER -- Multi-Sponsored by
  -- M. of A. GIBSON, PHEFFER, TITONE -- 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.
  S 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.
                                                           LBD09924-01-1
              

A. 7191                             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.
  S 3. This act shall take effect immediately.