Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Jan 15, 2009 |
referred to judiciary |
Assembly Bill A2220
2009-2010 Legislative Session
Sponsored By
PAULIN
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Richard Gottfried
Andrew Hevesi
Sandy Galef
Audrey Pheffer
multi-Sponsors
Dennis H. Gabryszak
Hakeem Jeffries
Alan Maisel
Michelle Schimel
2009-A2220 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7969
- Current Committee:
- Assembly Judiciary
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd ยง70, Dom Rel L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A700, S2921
2013-2014: S802
2015-2016: S1718
2017-2018: S3468
2019-2020: S4528
2021-2022: S4388
2023-2024: S5150
2009-A2220 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 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.
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