N.Y. Dom. Rel. Law § 72

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 72 — Special proceeding or habeas corpus to obtain visi DRL § 72 Special proceeding or habeas corpus to obtain visitation rightsor custody in respect to certain infant grandchildren. 1 /legislation/laws/DOM/A5 § 72. Special proceeding or habeas corpus to obtain visitation rightsor custody in respect to certain infant grandchildren. 1. Where eitheror both of the parents of a minor child, residing within this state, isor are deceased, or where circumstances show that conditions exist whichequity would see fit to intervene, a grandparent or the grandparents ofsuch child may apply to the supreme court by commencing a specialproceeding or for a writ of habeas corpus to have such child broughtbefore such court, or may apply to the family court pursuant tosubdivision (b) of section six hundred fifty-one of the family courtact; and on the return thereof, the court, by order, after due notice tothe parent or any other person or party having the care, custody, andcontrol of such child, to be given in such manner as the court shallprescribe, may make such directions as the best interest of the childmay require, for visitation rights for such grandparent or grandparentsin 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 thecourt the existence of extraordinary circumstances, such grandparent orgrandparents of such child may apply to the supreme court by commencinga special proceeding or for a writ of habeas corpus to have such childbrought before such court, or may apply to family court pursuant tosubdivision (b) of section six hundred fifty-one of the family courtact; and on the return thereof, the court, by order, after due notice tothe parent or any other person or party having the care, custody, andcontrol of such child, to be given in such manner as the court shallprescribe, may make such court, by order, after due notice tothe parent or any other person or party having the care, custody, andcontrol of such child, to be given in such manner as the court shallprescribe, may make such directions as the best interests of the childmay require, for custody rights for such grandparent or grandparents inrespect to such child. An extended disruption of custody, as such termis defined in this section, shall constitute an extraordinarycircumstance.(b) For the purposes of this section "extended disruption of custody"shall include, but not be limited to, a prolonged separation of therespondent parent and the child for at least twenty-four continuousmonths during which the parent voluntarily relinquished care and controlof the child and the child resided in the household of the petitionergrandparent or grandparents, provided, however, that the court may findthat extraordinary circumstances exist should the prolonged separationhave lasted for less than twenty-four months.(c) Nothing in this section shall limit the ability of parties toenter into consensual custody agreements absent the existence ofextraordinary circumstances. Source: NYSenate.gov Open Legislation | Laws of New York Page 1