What's happening
The bill expands custody and guardianship rights to include certain relatives, not just grandparents, in New York family law.
Why it matters
Expands who can seek custody or guardianship. The bill allows not only grandparents but also other close relatives (within the second degree of relation to a parent—such as siblings, aunts, uncles, and step-relatives) to petition for custody or guardianship, recognizing the broader family network in a child’s life.
Responds to family disruptions. By acknowledging "extended disruption of custody"—where a parent is separated from the child for at least 24 months—as grounds for relatives to seek custody, the bill addresses situations where children have already been living with non-parental relatives for significant periods, aiming for stability in their care.
Protects parents who are victims of domestic violence. If a parent can show that domestic violence caused them to relinquish care of their child, the court is required to rule that no “extraordinary circumstances” exist, thereby protecting the custodial rights of domestic violence survivors and preventing their victimization from being used against them in custody proceedings.
Reflects modern family realities. By broadening the definition of which relatives have legal standing to seek custody or guardianship, the bill aligns the law with the diverse structures and caregiving arrangements common in many families today, potentially ensuring better outcomes for children whose primary caregivers may not be their parents or grandparents.
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Who cares
Headline styles
Let More Relatives Seek Custody
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.498
- Print number 1614a
- Amend and recommit to children and families
- Referred to children and families
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.707
- Referred to children and families
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 Assembly Committee · Judiciary · Sponsor Tremaine Wright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1614--A
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- 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 such child. An extended disruption of custody, as such term is defined in this section, shall constitute an extraordinary circumstance.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01138-02-7
S. 1614--A 2
(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.
Sponsor's memo
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 guardian- ship proceedings
Purpose or general idea of bill
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.
Read the full memo (625 words)
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 this act shall take effect imme- diately.
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 into foster care even though there may be relatives whose homes are available for place- ment. Currently, 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.
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 and the crowded foster system. Petitioning for custody of a child is an act of affirmation undertaken by those who care about the child's well- being. A child who resides in the home of a relative will be afforded the opportunity to feel safe and loved. These children have a void in their lives from their parents' absence and deserve the chance to remain with and to experience life with relatives who want to be part of their lives and care for them.
Prior legislative history
2017: S.1614 - 3rd Reading 2016: S.2153 - Passed the Senate 2015: S.2153 - Passed the Senate 2014: S.2094-B - Passed the Senate 2013: S.2094-A - Passed the Senate 2012: S.1479-C - Passed the 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.