What's happening
This bill strengthens the legal presumption in favor of parental decisions regarding grandparent visitation, raising requirements for grandparents to challenge such decisions.
Why it matters
Raises the standard for grandparents to challenge parental decisions. Grandparents must now provide detailed, specific allegations that denying visitation would significantly harm the child's health, safety, or welfare, making it much harder to override a parent's wishes.
Strengthens judicial deference to parents. Courts are required to apply a strong legal presumption that parental decisions about grandparent visitation serve the child's best interests, and can only order visitation if there is clear evidence of harm to the child from denial.
Imposes new procedural safeguards. Grandparents seeking visitation must show they made a good faith attempt at reconciliation with the parent, submit a verified petition, and undergo court-initiated background checks for any history of domestic violence or abuse.
Discourages frivolous or harassing lawsuits. Courts are now authorized to order unsuccessful grandparents to pay the parents’ legal fees if the case was brought in bad faith or found to be non-meritorious, providing a deterrent against unnecessary litigation.
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Who cares
Headline styles
Tighten Grandparent Visit Rights
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to children and families
- Referred to children and families
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
513
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. PALUMBO, ASHBY, JACKSON, MARTINS, O'MARA, RHOADS, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the domestic relations law, in relation to the rights of grandparents with respect to visitation rights with minor children
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 72 of the domestic relations law, as amended by chapter 657 of the laws of 2003, is amended to read as follows:
§ 72. Special proceeding or habeas corpus to obtain visitation rights or custody in respect to certain infant grandchildren. 1. (a) Where either or both of the parents of a minor child, residing within this state, is or are deceased, or where circumstances show that conditions exist which equity would see fit to intervene, a grandparent or the grandparents of [such child] a minor child, residing within this state 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 the family court pursuant to subdivision (b) of section six hundred fifty-one of the family court act[; and on].
(b) When determining whether such grandparent or grandparents shall have standing to commence such proceedings pursuant to paragraph (a) of this subdivision, a strong presumption exists in favor of parental decisions concerning visitation. Further, the court shall not appoint a guardian ad litem until such time as standing of such grandparent or grandparents has been determined. A petitioner seeking to overturn a parental decision must allege, with detail and specificity, that the child would experience significant harm to their health, safety, or welfare if visitation were denied. Prior to filing the petition, the petitioner must have made a good faith attempt at reconciliation with the respondent and the petition must allege so with specificity, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02133-01-5
must be verified or accompanied by a verified affidavit. The court shall conduct its own search to determine whether the petitioner is a fit and proper person to have visitation rights with the child and whether the petitioner has ever had allegations of domestic violence, child abuse, child sexual abuse or incidents involving harm, or risk of harm, to a child made against such petitioner or prior police reports or a domestic violence incident report filed against them. The court shall further conduct a search to determine whether the petitioner is, or ever has been, subject to an order of protection or has any criminal history.
(c) 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 interest of the child may require, for visitation rights for such grandparent or grandparents in respect to such child. Any finding concerning the best interests of the child shall be subject to the strong presumption that the parents' decision is in the child's best interest, and visitation may only be ordered in circumstances in which the child's health, safety or welfare would be adversely affected by the denial of visitation. The court's finding supporting an order of visitation shall be in writing.
2. (a) Where a grandparent or the grandparents of a minor child, residing within this state, can demonstrate to the satisfaction of the court the existence of extraordinary circumstances, such grandparent or grandparents 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 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 in respect to 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 the parent voluntarily relinquished care and control of the child and the child resided in the household of the petitioner grandparent or grandparents, provided, however, that the court may find that extraordinary circumstances exist should the prolonged separation have lasted for less than twenty-four months.
(c) Nothing in this section shall limit the ability of parties to enter into consensual custody agreements absent the existence of extraordinary circumstances.
3. The court may direct that costs and allowances in whole or in part, including attorney's fees, be payable by an unsuccessful petitioner where the court finds that the contest was brought in bad faith or was frivolous or non-meritorious.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
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, in relation to the rights of grandparents with respect to visitation rights with minor children
Purpose
The purpose of this bill is to require that grandparents be granted legal standing by a judge being considered for visitation rights of a minor child.
Summary of provisions
Section 1. Amends subsection (1) of section 72 of the domestic relations law to establish the requirements of the petitioner and of the court in a case to overturn a parental decision regarding visitation with their child. Paragraph (a) of subsection (1) is amended to specify that any child in question must reside in this state. A new paragraph (b) is added to stipulate that a presumption exists in favor of parental deci- sions and any petitioner wishing to overturn such a decision must allege that a decision to deny visitation would not be in the best interest of the child. Additionally, the court shall be required to conduct its own search to determine whether a petitioner is a fit and proper person to have visitation rights and whether petitioner has had a domestic violence incident report filed against him or her, had allegations of domestic violence, child abuse, child sexual abuse or incidents involv- ing harm or risk of harm made against him or her, has ever been subject to an order of protection or has a criminal history. This subsection also stipulates that a court shall not assign a child a guardian ad litem until such time as petitioner's standing is determined. Paragraph (c) of subsection (1) is amended to clarify that any finding concerning the best interests of the child shall be in writing and shall be subject to a strong presumption that the parents' decision is in the child's best interest. A new subsection (3) is added to allow the court to direct an unsuccessful petitioner to pay costs and allowances where the court finds petitioner brought the contest in bad faith or that the contest was frivolous or non-meritorious.
Read the full memo (794 words)
Section 2. Effective date.
Justification
New York State law currently enables grandparents who have an abusive history with their child to extend that history of abuse by bringing a lawsuit to gain visitation rights with their grandchild. Such law- suits result in great financial and emotional expense to parents seeking to protect their child and deny any abusive grandparent's attempt to gain visitation rights.
Parents who do not allow grandparents to visit their children for safety reasons, for example, because the grandparent has a history of sexual abuse of children, are now often forced to expend tens of thousands of dollars in legal fees and make multiple court appearances in response to grandparents' lawsuits. In such instances, it is not uncommon for a family in New York State to pay $50,000 or more in legal costs and spend
months and months attending court appearances. This bill seeks to prevent such situations by:
(1) Requiring a grandparent who seeks to overturn a parental decision to deny visitation rights to allege, with detail and specificity, that the child would experience significant harm to their health, safety or welfare if visitation was denied;
(2) Requiring that a grandparent, prior to filing a petition, have made a good faith attempt at reconciliation with their child;
(3) Requiring the court to conduct its own search to determine whether a petitioner is a fit and proper person to have visitation rights and whether allegation of domestic violence, child abuse, child sexual abuse or incidents of harm or risk of harm to a child have been made against a grandparent or whether prior police reports or a domestic violence inci- dent report has been filed against a grandparent
(4) Requiring that the court may not determine whether a grandparent has standing to commence a proceeding to gain visitation rights with a child on the same day that a determination to establish the best interests of the child is made; and
(5) Allowing the court to direct that costs and allowances of a proceed- ing, including attorney's fees be payable by an unsuccessful petitioner where the court finds that the contest was brought in bad faith or was frivolous or non-meritorious.
These changes to the law will prevent parents and their children from making unnecessary trips to the courtroom; protect them from the emotional difficulties of testifying about personal and sometimes trau- matic family matters; and provide an avenue for families to receive financial compensation for lawsuits brought against them in bad faith.
Legislative history
2024 S.7470/A.2886; 2021-22 S.2165/A.1355; 2019-20; S.5252/A.1544; 2017-18 S.6402/A.7821;
Fiscal implications
None to the State.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.