senate Bill S802

2013-2014 Legislative Session

Allows a person acting as de facto parent to apply to the supreme court for a writ of habeas corpus

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
Jan 09, 2013 referred to children and families

S802 - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง70, Dom Rel L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2921
2009-2010: S7969

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

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.

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