Senate Bill S5150

2023-2024 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

Current Bill Status - In Senate Committee Children And Families Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S5150 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §70, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7969
2011-2012: S2921
2013-2014: S802
2015-2016: S1718
2017-2018: S3468
2019-2020: S4528
2021-2022: S4388

2023-S5150 (ACTIVE) - 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.

2023-S5150 (ACTIVE) - Sponsor Memo

2023-S5150 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5150
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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.
   § 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

              

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