§ 72 — Special proceeding or habeas corpus to obtain visitation rights or custody in respect to certain infant grandchildren

New York § 72

• Jurisdiction: New York
• Law DOM: Domestic Relations
• Art. 5: The Custody and Wages of Children

Text

§ 72. Special proceeding or habeas corpus to obtain visitation rights\nor custody in respect to certain infant grandchildren. 1. Where either\nor both of the parents of a minor child, residing within this state, is\nor are deceased, or where circumstances show that conditions exist which\nequity would see fit to intervene, a grandparent or the grandparents of\nsuch child may apply to the supreme court by commencing a special\nproceeding or for a writ of habeas corpus to have such child brought\nbefore such court, or may apply to the family court pursuant to\nsubdivision (b) of section six hundred fifty-one of the family court\nact; and on the return thereof, the court, by order, after due notice to\nthe parent or any other person or party having the care, custody, and\ncontrol of such child, to be given in such manner as the court shall\nprescribe, may make such directions as the best interest of the child\nmay require, for visitation rights for such grandparent or grandparents\nin respect to such child.\n 2. (a) Where a grandparent or the grandparents of a minor child,\nresiding within this state, can demonstrate to the satisfaction of the\ncourt the existence of extraordinary circumstances, such grandparent or\ngrandparents of such child may apply to the supreme court by commencing\na special proceeding or for a writ of habeas corpus to have such child\nbrought before such court, or may apply to family court pursuant to\nsubdivision (b) of section six hundred fifty-one of the family court\nact; and on the return thereof, the court, by order, after due notice to\nthe parent or any other person or party having the care, custody, and\ncontrol of such child, to be given in such manner as the court shall\nprescribe, may make such directions as the best interests of the child\nmay require, for custody rights for such grandparent or grandparents in\nrespect to such child. An extended disruption of custody, as such term\nis defined in this section, shall constitute an extraordinary\ncircumstance.\n (b) For the purposes of this section "extended disruption of custody"\nshall include, but not be limited to, a prolonged separation of the\nrespondent parent and the child for at least twenty-four continuous\nmonths during which the parent voluntarily relinquished care and control\nof the child and the child resided in the household of the petitioner\ngrandparent or grandparents, provided, however, that the court may find\nthat extraordinary circumstances exist should the prolonged separation\nhave lasted for less than twenty-four months.\n (c) Nothing in this section shall limit the ability of parties to\nenter into consensual custody agreements absent the existence of\nextraordinary circumstances.\n