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Bill > S00513


NY S00513

NY S00513
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.


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the domestic relations law, in relation to the rights of grandparents with respect to visitation rights with minor children

AI Summary

This bill amends the New York Domestic Relations Law to establish stricter standards for grandparents seeking visitation or custody rights of minor children. The bill creates a strong presumption in favor of parental decision-making, requiring grandparents to prove that denying visitation would cause significant harm to the child's health, safety, or welfare. Grandparents must make a good faith attempt at reconciliation with the child's parents before filing a petition and must provide detailed, specific allegations. The court is mandated to conduct background checks on the grandparent petitioner, including investigating any history of domestic violence, child abuse, or criminal records. The bill specifically notes that the death of a parent can be a factor in considering grandparental standing, and it introduces a provision allowing courts to require an unsuccessful petitioner to pay costs and attorney's fees if the court determines the petition was filed in bad faith, frivolously, or without merit. The legislation aims to protect parental autonomy while providing a narrow pathway for grandparental visitation or custody in exceptional circumstances, with the child's best interests as the paramount consideration.

Committee Categories

Education

Sponsors (7)

Last Action

REFERRED TO CHILDREN AND FAMILIES (on 01/08/2025)

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