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