Relates to standing of certain relatives in custody and guardianship proceedings.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the domestic relations law, in relation to the standing of certain relatives in custody and guardianship proceedings
The purpose of this bill is to afford close relatives of children the opportunity to petition the court for custody or guardianship of a minor child when extraordinary circumstances exist.
SUMMARY OF PROVISIONS:
Section one of the bill amends Domestic Relations Law section 72(2)(a) to provide certain relatives to a parent of a minor child with the same right as the child's grandparents, which is to petition the court for custody or guardianship when an extraordinary circumstance exists. These relatives must reside within the state and be within the second degree of consanguinity, through marriage or adoption, to one of the minor child's parents. This bill also amends Domestic Relations Law section 72(2)(b) to provide that when the parent proves by a Preponderance of the evidence that acts of domestic violence committed against the parent contributed to the parent's relinquishment of care and control of the minor child, the court shall find that no extraordinary circumstances exist.
Section two of the bill provides that this act shall take effect immediately.
Domestic Relations Law section 72(b) currently allows the grandparents of a minor child to seek custody or guardianship of the child when extraordinary circumstances exist.
Too often in our current system, children are placed in foster care even though there may be relatives whose homes are available for placement. This bill will help increase the options for placement in a manner that allows families to remain intact.
2012: S.1479-C - Passed Senate 2011: S.1479 - Referred to Aging 2010: S.2033 - 3rd Reading 2009: S.2033 - Referred to Aging 2008: S.5968-A - Referred to Aging 2007: S.5968 - Referred to Rules
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2094--A Cal. No. 360 2013-2014 Regular Sessions IN SENATE January 10, 2013 ___________Introduced by Sens. GOLDEN, AVELLA, GIPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 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 theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03868-03-3 S. 2094--A 2
respondent parent and the child for at least twenty-four continuous months, during which TIME the parent voluntarily relinquished care and control of the child and the child resided in the household of the peti- tioner grandparent
[or], grandparents OR RELATIVE, provided, however, that the court may find that extraordinary circumstances exist should the prolonged separation have lasted for less than twenty-four months AND PROVIDED THAT WHERE THE PARENT PROVES BY PREPONDERANCE OF THE EVIDENCE THAT AN ACT OR ACTS OF DOMESTIC VIOLENCE COMMITTED AGAINST THE PARENT CONTRIBUTED TO THE RELINQUISHMENT OF CARE AND CONTROL, THE COURT SHALL FIND NO EXTRAORDINARY CIRCUMSTANCES EXIST. (c) Nothing in this section shall limit the ability of parties to enter into consensual custody agreements absent the existence of extraordinary circumstances. S 2. This act shall take effect immediately.