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NY S02153

Bill

Status

Engrossed

6/1/2015

Primary Sponsor

Martin Golden

Click for details

Origin

Senate

2015-2016 General Assembly

AI Summary

  • Expands standing to seek custody in New York courts to include relatives within the second degree of consanguinity or affinity to a parent, not just grandparents
  • Defines "extraordinary circumstances" for custody petitions to include extended disruption of custody (prolonged separation of at least 24 continuous months with parent voluntarily relinquishing care), though courts may find extraordinary circumstances with separations under 24 months
  • Provides exception that if a parent proves by preponderance of evidence that domestic violence contributed to relinquishment of care and control, courts shall not find extraordinary circumstances exist
  • Grants family court jurisdiction to hear custody applications by qualifying relatives pursuant to Domestic Relations Law sections 72 and 240, with same powers as supreme court
  • Requires applicants to serve copies of custody applications on social services officials and the child's attorney when the child is remanded or placed in state custody

Legislative Description

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

Last Action

referred to judiciary

6/14/2016

Committee Referrals

Judiciary6/14/2016
Rules6/1/2016
Children and Families1/6/2016
Judiciary6/1/2015
Children and Families1/21/2015

Full Bill Text

No bill text available