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New York Domestic Relations - Article 5 - § 70 Habeas Corpus for Child Detained by Parent

Legal Research Home > New York Laws > Domestic Relations > New York Domestic Relations - Article 5 - § 70 Habeas Corpus for Child Detained by Parent


Domestic Relations 
 
    §  70.  Habeas  corpus for child detained by parent. (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 award the natural guardianship, charge and custody of
  such  child  to  either 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, 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.
    (b) Any order under this section which applies to rights of visitation
  with a child remanded or placed in  the  care  of  a  person,  official,
  agency or institution pursuant to article ten of the family court act or
  pursuant   to   an  instrument  approved  under  section  three  hundred
  fifty-eight-a of the social services law, shall be enforceable  pursuant
  to  the  provisions  of  part eight of article ten of such act, sections
  three hundred fifty-eight-a  and  three  hundred  eighty-four-a  of  the
  social  services  law and other applicable provisions of law against any
  person or official having  care  and  custody,  or  temporary  care  and
  custody, of such child.
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Last modified: February 15, 2014