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New York · Through 2026-09-11

N.Y. Family Court Act § 657: Certain provisions relating to the guardianship and custody of children by persons who are not the parents of such children

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Where this section sits in the code
  1. Family Court Act
  2. Article 6. Permanent Termination of Parental Rights, Adoption, Guardianship and Custody
  3. Part 3. Custody

§ 657. Certain provisions relating to the guardianship and custody of

children by persons who are not the parents of such children. (a)

Notwithstanding any provision of the law to the contrary, a person

possessing a lawful order of guardianship or custody of a minor child,

who is not the parent of such child, may enroll such child in public

school in the applicable school district where he or she and such child

reside. Upon application for enrollment of a minor child by a guardian

or custodian who is not the parent of such child, a public school shall

enroll such child for such time as the child resides with the guardian

or custodian in the applicable school district, upon verification that

the guardian or custodian possess a lawful order of guardianship or

custody for such child and that the guardian or custodian and the child

properly reside in the same household within the school district.

(b) Notwithstanding any provision of law to the contrary, persons

possessing a lawful order of custody of a child who are not a parent of

such child shall have the same right to enroll and receive coverage for

such child in their employer based health insurance plan and to assert

the same legal rights under such employer based health insurance plans

as persons who possess lawful orders of guardianship of the person for a

child pursuant to rule twelve hundred ten of the civil practice laws and

rules, article seventeen of the surrogate's court procedure act, or part

4 of this article.

(c) Notwithstanding any other provision of law to the contrary,

persons possessing a lawful order of guardianship or custody of a child

shall have the right and responsibility to make decisions, including

issuing any necessary consents, regarding the child's protection,

education, care and control, health and medical needs, and the physical

custody of the person of the child. Provided, however, that nothing in

this subdivision shall be construed to limit the ability of a child to

consent to his or her own medical care as may be otherwise provided by

law.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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