What's happening
This bill expands eligibility for custody or guardianship proceedings to include certain close relatives, not just grandparents.
Why it matters
Expands legal standing for custody or guardianship. The bill allows relatives related to a child’s parent within the second degree (such as siblings, aunts, uncles, or stepparents), not just grandparents, to seek custody or guardianship if “extraordinary circumstances” exist—potentially broadening the safety net for children in unstable homes.
Responds to family disruptions. By explicitly including more relatives, the bill acknowledges that grandparents aren’t always the only or best caregivers available, making it easier for children to stay with familiar family members during extended disruptions in parental care.
Adds protections for victims of domestic violence. The bill ensures that if a parent lost custody due to domestic violence committed against them, this alone cannot be used as an “extraordinary circumstance” to justify removing custody from the parent—protecting the rights of parents who are victims.
Could lead to more custody petitions. By opening eligibility, the legislation may result in a greater number of family court cases, giving courts new discretion but also potentially increasing caseloads and the complexity of custody disputes.
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Who cares
Headline styles
Let More Relatives Seek Custody
Plain English, a few words. Used as the page title.
Sponsors
15 Co-sponsors
3 Multi-sponsors
History
- Held for consideration in judiciary
- Print number 7574a
- Amend and recommit to judiciary
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let More Relatives Seek Custody
In Senate Committee · Rules · Sponsor Martin J. Golden
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7574--A
2017-2018 Regular Sessions
IN ASSEMBLY
May 2, 2017
Introduced by M. of A. WRIGHT, CRESPO, SEAWRIGHT, VANEL, HARRIS, COLTON, ORTIZ, HUNTER, WILLIAMS, DE LA ROSA, BLAKE, L. ROSENTHAL, JENNE, PEOPLES-STOKES, DICKENS, DAVILA -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, NOLAN, SIMON -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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
The People of the State of New York, represented in Senate and Assembly, 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 of such child within the second degree of consanguinity or affinity, 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 thereof, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01138-03-7
A. 7574--A 2
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 the 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 petitioner 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 further that where a parent of the child proves by preponderance of the evidence that an act or acts of domestic violence committed against such parent contributed to his or her relinquishment of care and control of the child, 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.
§ 2. Subdivisions (b) and (d) of section 651 of the family court act, subdivision (b) as amended by chapter 657 of the laws of 2003 and subdivision (d) as amended by chapter 41 of the laws of 2010, are amended to read as follows:
(b) When initiated in the family court, the family court has jurisdiction to determine, in accordance with subdivision one of section two hundred forty of the domestic relations law and with the same powers possessed by the supreme court in addition to its own powers, habeas corpus proceedings and proceedings brought by petition and order to show cause, for the determination of the custody or visitation of minors, including applications by a grandparent or grandparents for visitation or custody rights pursuant to section seventy-two or two hundred forty of the domestic relations law , and applications by a relative who is related to a parent of a child in the second degree of consanguinity or affinity for custody rights pursuant to section seventy-two of the domestic relations law.
(d) With respect to applications by a grandparent or grandparents for visitation or custody rights, made pursuant to section seventy-two or two hundred forty of the domestic relations law, or by a relative who is related to a parent of a child in the second degree of consanguinity or affinity for custody rights pursuant to section seventy-two of the domestic relations law, with a child remanded or placed in the care of a person, official, agency or institution pursuant to the provisions of article ten of this act, the applicant, in such manner as the court shall prescribe, shall serve a copy of the application upon the social services official having care and custody of such child, and the child's attorney, who shall be afforded an opportunity to be heard thereon.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.