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New York Domestic Relations - Article 5 - § 72 Special Proceeding or Habeas Corpus to Obtain Visitation Rights or Custody in Respect to Certain Infant Grandchildren

Legal Research Home > New York Laws > Domestic Relations > New York Domestic Relations - Article 5 - § 72 Special Proceeding or Habeas Corpus to Obtain Visitation Rights or Custody in Respect to Certain Infant Grandchildren


Domestic Relations 
 
    §  72. Special proceeding or habeas corpus to obtain visitation rights
  or custody in respect to certain infant grandchildren. 1.  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  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 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.
    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.
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Last modified: February 15, 2014