Bill Text: NY S05150 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allows a person acting as de facto parent to apply to the supreme court for a writ of habeas corpus to have a minor child brought before the court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S05150 Detail]

Download: New_York-2023-S05150-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5150

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 23, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and Families

        AN ACT to amend the domestic relations law, in relation  to  allowing  a
          person  acting  as de facto parent to apply to the supreme court for a
          writ of habeas corpus

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  (a)  of section 70 of the domestic relations
     2  law, as amended by chapter 457 of the laws of 1988, is amended and a new
     3  subdivision (c) is added to read as follows:
     4    (a) Where a minor child is residing within this state,  either  parent
     5  or  de  facto parent may apply to the supreme court for a writ of habeas
     6  corpus to have such minor child brought before such court;  and  on  the
     7  return  thereof,  the court, on due consideration, may award the natural
     8  guardianship, charge and custody of such child to either  parent  or  de
     9  facto parent for such time, under such regulations and restrictions, and
    10  with such provisions and directions, as the case may require, and may at
    11  any  time  thereafter  vacate  or  modify such order. In all cases there
    12  shall be no prima facie right to the custody  of  the  child  in  either
    13  parent  or de facto parent, but the court shall determine solely what is
    14  for the best interest of the child, and what will best promote [its] his
    15  or her welfare and happiness, and make award accordingly.
    16    (c) For purposes of this section, de facto parent shall mean a  person
    17  who  (i)  has  a relationship with such minor child that was formed with
    18  the consent of the legal parent and fostered by such legal parent;  (ii)
    19  lived with such minor child; (iii) performed parental functions for such
    20  minor child to a significant degree; and (iv) formed a parent-child bond
    21  with  such  minor  child. A relationship based upon payment by the legal
    22  parent shall preclude a person from establishing de facto parent status.
    23    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07197-01-3