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Assembly Bill A5730

2013-2014 Legislative Session

Relates to habeas corpus for a child detained by a parent

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Archive: Last Bill Status - In Assembly Committee

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2013-A5730 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง70, Dom Rel L
Versions Introduced in 2011-2012 Legislative Session:
A9875

2013-A5730 (ACTIVE) - Summary

Relates to habeas corpus for a child detained by a parent.

2013-A5730 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5730

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced by M. of A. JORDAN -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the domestic relations law, in relation to habeas corpus
  for a child detained by a parent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 70  of  the  domestic  relations
law,  as  amended by chapter 457 of the laws of 1988, is amended to read
as follows:
  (a) Where a minor child is residing within this state,  either  parent
may  apply to the supreme court for a writ of habeas corpus to have such
minor child brought before such court; and on the  return  thereof,  the
court, on due consideration, [may] SHALL award the natural guardianship,
charge and custody of such child to [either parent] BOTH PARENTS, IN THE
ABSENCE  OF  AN  ALLEGATION,  OR  OTHER SATISFACTORY EVIDENCE, THAT SUCH
SHARED PARENTING WOULD BE DETRIMENTAL TO  SUCH  CHILD,  for  such  time,
under  such  regulations  and restrictions, and with such provisions and
directions, as the case may require, and  may  at  any  time  thereafter
vacate  or modify such order. In all cases there shall be no prima facie
right to the custody of the child in either parent, but the court  shall
determine  solely  what  is for the best interest of the child, and what
will best promote its welfare and happiness, and make award accordingly.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08678-01-3

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