Relates to standing of certain relatives in custody and guardianship proceedings

5 Co-sponsors

• Tony Avella
• Terry Gipson
• Jack M. Martins
• Bill Perkins
• Malcolm A. Smith

BILL NUMBER:S2094B

Title of bill

An act to amend the domestic relations law and the family court act, in relation to the standing of certain relatives in custody and guardianship proceedings

Purpose

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 when an extraordinary circumstance exists. These relatives must reside within the state and be within the second degree of consanguinity or affinity to one of the minor child's parents.

Section one also amends Domestic Relations Law section 72(2)(b) to provide that when a parent proves by a preponderance of the evidence that acts of domestic violence committed against that parent contributed to his or her relinquishment of care and control of the minor child, the court shall find that no extraordinary circumstances exist.

Section two of the bill amends Family Court Act section 651(b) and (d) to include petitions for custody of a minor child pursuant to Domestic Relations Law section 72 made by relatives of the minor child who are within the second degree of consanguinity or affinity to one of the minor child's parents within the Family Court's jurisdiction and when a relative's petition is for the custody of a minor child who has been placed in care pursuant to Family Court Act Article 10, to require service of the petition upon the social services official having care and custody of such child, and the child's attorney.

Section three of the bill provides that provides that this act shall take effect immediately.

Existing law

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.

Justification

Too often in our current system, children are placed in the foster care even though there may be relatives whose homes are available for placement. At this time, the Domestic Relations Law allows only the grandparents of a child whose parents have failed to provide for his or her care due to extraordinary circumstances to petition for custody of the child. This bill will expand Domestic Relations Law section 72 to allow the close relatives of a child whose parents have failed to

provide care for his or her care due to extraordinary circumstances to petition for custody.

Petitioning for custody of a child is an affirmative act that is undertaken by those who care about the child's well-being. Providing a child's relatives with the opportunity to petition for, and be granted, custody of the child is in the best interest of the child. A child who resides in the home of a relative will be afforded the opportunity to feel safe and loved. The child will develop a sense of permanence.

These children have a void in their lives from their parents' absence. They deserve the chance to remain with and to experience life with relatives who want to be part of their lives and care for them.

Legislative history

2013: S.2094-A - Passed Senate 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

Fiscal implications

None

Effective date

This act shall take effect immediately.