|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to children and families|
|Jan 09, 2013||referred to children and families|
senate Bill S802
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S802 - Details
S802 - Summary
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.
S802 - Sponsor Memo
BILL NUMBER:S802 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To provide to those who meet the definition of de facto parent standing to petition the court for child custody. SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision (a) of section 70 of the domestic relations law (DRL) by providing t.hat, in addition to either parent, a de facto parent may petition the court for guardianship or custody of a minor child. The court shall make its determination based solely on the best interest of the child. section one also adds a new subdivision (c) that provides the definition of de facto parent for purposes of section 70 of the DRL. Section two of this act shall be effective immediately. JUSTIFICATION: Many children develop close, loving, and even long-term relationships with the person with whom their biological parent has married or has
S802 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 802 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ 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: Section 1. Subdivision (a) of section 70 of the domestic relations law, as amended by chapter 457 of the laws of 1988, is amended and a new subdivision (c) is added to read as follows: (a) Where a minor child is residing within this state, either parent OR DE FACTO 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 award the natural guardianship, charge and custody of such child to either parent OR DE FACTO PARENT 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 OR DE FACTO PARENT, but the court shall determine solely what is for the best interest of the child, and what will best promote [its] HIS OR HER welfare and happiness, and make award accordingly. (C) FOR PURPOSES OF THIS SECTION, DE FACTO PARENT SHALL MEAN A PERSON WHO (I) HAS A RELATIONSHIP WITH SUCH MINOR CHILD THAT WAS FORMED WITH THE CONSENT OF THE LEGAL PARENT AND FOSTERED BY SUCH LEGAL PARENT; (II) LIVED WITH SUCH MINOR CHILD; (III) PERFORMED PARENTAL FUNCTIONS FOR SUCH MINOR CHILD TO A SIGNIFICANT DEGREE; AND (IV) FORMED A PARENT-CHILD BOND WITH SUCH MINOR CHILD. A RELATIONSHIP BASED UPON PAYMENT BY THE LEGAL PARENT SHALL PRECLUDE A PERSON FROM ESTABLISHING DE FACTO PARENT STATUS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.