SCPA 1705 · Article 17. Guardians and Custodians
Persons to be served
Text — Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
§ 1705. Persons to be served
1. Upon presentation of the petition process shall issue:
(a) To the parent or parents, and if the infant is married, to the spouse, if such persons are within the state and their residences therein are known, or if there be none, to the grandparents who are within the county.
(b) To the person having the care and custody of the infant or with whom he resides.
(c) If the application is made in behalf of an infant over the age of 14 years by any person, to the infant.
2. No process shall be necessary to a parent who has abandoned the infant or is deprived of civil rights or divorced from the parent having legal custody of the infant or an incompetent or who is otherwise judicially deprived of the custody of the infant or in case the infant is married to a spouse who has abandoned the infant or is deprived of civil rights or divorced or an incompetent.
3. The court shall ascertain so far as practicable what relatives of the infant are domiciled in its county or elsewhere and with whom the infant resides and it may issue process to any relative or class of relatives to show cause why the appointment should not be made.
Source of truth
- Edition
- Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/SCP1705
- Text hash
- sha256 a0ab85601aa320b1b0686ea451fc0d0c7c5ccb57507afd1a5a3f4ccc522f04e2
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.