NY State Senate Bill 2023-S7470

Current Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to children and families
May 30, 2023	referred to children and families

co-Sponsors

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2023-S7470 (ACTIVE) - Details

See Assembly Version of this Bill:: A2886
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §72, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6402, A7821
2019-2020: S5252, A1544
2021-2022: S2165, A1355

2023-S7470 (ACTIVE) - Summary

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.

2023-S7470 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7470

SPONSOR: PALUMBO
 
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
t o 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.

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:

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.

2023-S7470 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7470
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2023
                                ___________
 
 Introduced  by  Sen. PALUMBO -- 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  ASSEM-
 BLY, 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 DECI-
 SIONS 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 HIS OR HER 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04246-02-3

 S. 7470                             2
 
 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  HIM  OR HER OR PRIOR POLICE REPORTS  OR A DOMESTIC
 VIOLENCE INCIDENT REPORT FILED AGAINST  HIM  OR  HER.  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 circum-
 stance.
   (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.

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Senate Bill S7470

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2023-S7470 (ACTIVE) - Details

2023-S7470 (ACTIVE) - Summary

2023-S7470 (ACTIVE) - Sponsor Memo

2023-S7470 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7470

Share this bill

Sponsored By

Anthony H. Palumbo

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Jacob Ashby

Robert Jackson

Jack M. Martins

Thomas F. O'Mara

2023-S7470 (ACTIVE) - Details

2023-S7470 (ACTIVE) - Summary

2023-S7470 (ACTIVE) - Sponsor Memo

2023-S7470 (ACTIVE) - Bill Text download pdf

Comments