2023 New York Laws
DOM - Domestic Relations
Article 5 - The Custody and Wages of Children
72 - Special Proceeding or Habeas Corpus to Obtain Visitation Rights or Custody in Respect to Certain Infant Grandchildren.

§  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.