Bill Text: NY S02734 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that a great-grandparent may apply to the supreme court for visitation rights with respect to certain minor great-grandchildren where either or both of the parents of such child is or are deceased.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CHILDREN AND FAMILIES [S02734 Detail]

Download: New_York-2009-S02734-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2734
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 27, 2009
                                      ___________
       Introduced  by  Sens.  LAVALLE,  DIAZ, MORAHAN, VOLKER -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Children and Families
       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:
    1    Section  1. The section heading and subdivision 1 of section 72 of the
    2  domestic relations law, as amended by chapter 657 of the laws  of  2003,
    3  are amended to read as follows:
    4    Special  proceeding  or  habeas  corpus to obtain visitation rights IN
    5  RESPECT TO CERTAIN INFANT GRANDCHILDREN OR GREAT-GRANDCHILDREN or custo-
    6  dy in respect to certain infant grandchildren.  1. Where either or  both
    7  of  the  parents of a minor child, residing within this state, is or are
    8  deceased, or where circumstances show that conditions exist which equity
    9  would see fit to intervene, a  grandparent  [or],  the  grandparents,  A
   10  GREAT-GRANDPARENT  OR  THE GREAT-GRANDPARENTS of such child may apply to
   11  the supreme court by commencing a special proceeding or for  a  writ  of
   12  habeas corpus to have such child brought before such court, or may apply
   13  to  the  family court pursuant to subdivision (b) of section six hundred
   14  fifty-one of the family court act; and on the return thereof, the court,
   15  by order, after due notice to the parent or any other  person  or  party
   16  having the care, custody, and control of such child, to be given in such
   17  manner  as  the  court  shall prescribe, may make such directions as the
   18  best interest of the child may require, for visitation rights  for  such
   19  grandparent  [or], grandparents, GREAT-GRANDPARENT OR GREAT-GRANDPARENTS
   20  in respect to such child.
   21    S 2. Subdivisions (b) and (d) of section 651 of the family court  act,
   22  as  amended  by  chapter 657 of the laws of 2003, are amended to read as
   23  follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09714-01-9
       S. 2734                             2
    1    (b) When initiated in the family court, the family court has jurisdic-
    2  tion to determine, in accordance with subdivision  one  of  section  two
    3  hundred  forty  of  the  domestic relations law and with the same powers
    4  possessed by the supreme court in addition to  its  own  powers,  habeas
    5  corpus proceedings and proceedings brought by petition and order to show
    6  cause,  for  the  determination  of the custody or visitation of minors,
    7  including  applications  by  a   grandparent   [or],   grandparents,   A
    8  GREAT-GRANDPARENT  OR GREAT-GRANDPARENTS for visitation or A GRANDPARENT
    9  OR GRANDPARENTS FOR custody rights pursuant to  section  seventy-two  or
   10  two hundred forty of the domestic relations law.
   11    (d)  With respect to applications by a grandparent [or], grandparents,
   12  A GREAT-GRANDPARENT OR GREAT-GRANDPARENTS for visitation or A  GRANDPAR-
   13  ENT  OR GRANDPARENTS FOR custody rights, made pursuant to section seven-
   14  ty-two or two hundred forty of the domestic relations law, with a  child
   15  remanded or placed in the care of a person, official, agency or institu-
   16  tion  pursuant  to the provisions of article ten of this act, the appli-
   17  cant, in such manner as the court shall prescribe, shall serve a copy of
   18  the application upon the social services official having care and custo-
   19  dy of such child, and the child's law guardian, who shall be afforded an
   20  opportunity to be heard thereon.
   21    S 3. This act shall take effect immediately.