S T A T E   O F   N E W   Y O R K
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                                  2220

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GOTTFRIED,  HEVESI, GALEF, PHEFFER,
  EDDINGTON, KELLNER --  Multi-Sponsored  by  --  M.  of  A.  GABRYSZAK,
  MAISEL, SCHIMEL, SWEENEY, WEISENBERG, WRIGHT -- read once and referred
  to the Committee on Judiciary

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.
              

                                                           LBD04383-02-9