§ 635 — Petition to restore parental rights

New York § 635

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1-A: Modification of Disposition; Restoration of Parental Rights
• Art. 6: Permanent Termination of Parental Rights, Adoption, Guardianship and Custody

Text

§ 635. Petition to restore parental rights. A petition to modify a\ndisposition ordered pursuant to subdivision (c) of section six hundred\nthirty-one of this article or paragraph (a) of subdivision three of\nsection three hundred eighty-four-b of the social services law in order\nto restore parental rights may be filed in accordance with this part\nwhere the following conditions are met:\n (a) the order committing guardianship and custody of the child had\nbeen issued two or more years prior to the date of filing of the\npetition under this section; and\n (b) the order committing guardianship and custody of the child had\nbeen based upon an adjudication upon grounds enumerated in paragraph\n(b), (c) or (d) of subdivision four of section three hundred\neighty-four-b of the social services law; and\n (c) the petition alleges that the petitioner or petitioners and the\nrespondent or respondents in the proceeding in which guardianship and\ncustody had been committed consent to the relief requested in the\npetition or that the petitioner or petitioners withheld consent to the\nrelief requested in the petition without good cause; and\n (d) the child is fourteen years of age or older, remains under the\njurisdiction of the family court, has not been adopted, does not have a\npermanency goal of adoption and consents to the relief requested in the\npetition.\n