New York S 513: Relates to the establishment of Recovery High Schools by boards of cooperative educational services

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S00513 Summary:

BILL NOS00513 

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SAME ASNo Same As

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SPONSORPALUMBO

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COSPNSRASHBY, JACKSON, MARTINS, O'MARA, RHOADS, WEIK

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MLTSPNSR

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Amd §72, Dom Rel L

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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.

Go to top S00513 Actions:

BILL NOS00513 

&nbsp

01/08/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS00513 Committee&nbspVotes:

Go to topS00513 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00513 Text:

 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 commit-
 ted 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:

 1 Section 1. Section 72 of the domestic relations law, as amended by
 2 chapter 657 of the laws of 2003, is amended to read as follows:
 3 § 72. Special proceeding or habeas corpus to obtain visitation rights
 4 or custody in respect to certain infant grandchildren. 1. (a) Where
 5 either or both of the parents of a minor child, residing within this
 6 state, is or are deceased, or where circumstances show that conditions
 7 exist which equity would see fit to intervene, a grandparent or the
 8 grandparents of [such child] a minor child, residing within this state
 9 may apply to the supreme court by commencing a special proceeding or for
 10 a writ of habeas corpus to have such child brought before such court, or
 11 may apply to the family court pursuant to subdivision (b) of section six
 12 hundred fifty-one of the family court act[; and on].
 13 (b) When determining whether such grandparent or grandparents shall
 14 have standing to commence such proceedings pursuant to paragraph (a) of
 15 this subdivision, a strong presumption exists in favor of parental deci-
 16 sions concerning visitation. Further, the court shall not appoint a
 17 guardian ad litem until such time as standing of such grandparent or
 18 grandparents has been determined. A petitioner seeking to overturn a
 19 parental decision must allege, with detail and specificity, that the
 20 child would experience significant harm to their health, safety, or
 21 welfare if visitation were denied. Prior to filing the petition, the
 22 petitioner must have made a good faith attempt at reconciliation with
 23 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

 S. 513 2

 1 must be verified or accompanied by a verified affidavit. The court shall
 2 conduct its own search to determine whether the petitioner is a fit and
 3 proper person to have visitation rights with the child and whether the
 4 petitioner has ever had allegations of domestic violence, child abuse,
 5 child sexual abuse or incidents involving harm, or risk of harm, to a
 6 child made against such petitioner or prior police reports or a domes-
 7 tic violence incident report filed against them. The court shall further
 8 conduct a search to determine whether the petitioner is, or ever has
 9 been, subject to an order of protection or has any criminal history.
 10 (c) On the return thereof, the court, by order, after due notice to
 11 the parent or any other person or party having the care, custody, and
 12 control of such child, to be given in such manner as the court shall
 13 prescribe, may make such directions as the best interest of the child
 14 may require, for visitation rights for such grandparent or grandparents
 15 in respect to s