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NY S06402
Bill
Status
5/16/2017
Primary Sponsor
Kathleen Marchione
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AI Summary
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Amends Domestic Relations Law Section 72 to establish a strong presumption favoring parental decisions regarding grandparent visitation rights, requiring grandparents to demonstrate significant harm to the child's health, safety, or welfare to overcome this presumption.
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Requires grandparents to make a good faith reconciliation attempt with parents before filing a petition and must demonstrate they are fit and proper persons with no domestic violence history, subject to court verification searches.
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Mandates courts conduct searches for domestic violence incidents, orders of protection, and criminal history against petitioning grandparents before appointment of a guardian ad litem.
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Establishes that parental death is a factor but not automatic grounds for grandparent standing; allows grandparents to seek custody only upon demonstrating extraordinary circumstances, including extended disruption of custody lasting at least 24 continuous months where parent voluntarily relinquished care.
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Authorizes courts to impose costs and attorney's fees on unsuccessful grandparent petitioners where the contest was determined to be brought in bad faith, frivolous, or non-meritorious; effective 90 days after enactment.
Legislative Description
Establishes the intent of the legislature to generally defer to parental choices regarding the care, custody and control of their children; mandates that the death of a parent shall be a factor when considering a grandparent's standing to receive visitation or custody; directs that costs be payable by an unsuccessful petitioner where a contest was brought in bad faith.
Last Action
COMMITTED TO RULES
6/20/2018