N.Y. Dom. Rel. Law § 70

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 70 — Habeas corpus for child detained by parent DRL § 70 Habeas corpus for child detained by parent /legislation/laws/DOM/A5 § 70. Habeas corpus for child detained by parent. (a) Where a minorchild is residing within this state, either parent may apply to thesupreme court for a writ of habeas corpus to have such minor childbrought before such court; and on the return thereof, the court, on dueconsideration, may award the natural guardianship, charge and custody ofsuch child to either parent for such time, under such regulations andrestrictions, and with such provisions and directions, as the case mayrequire, and may at any time thereafter vacate or modify such order. Inall cases there shall be no prima facie right to the custody of thechild in either parent, but the court shall determine solely what is forthe best interest of the child, and what will best promote its welfareand happiness, and make award accordingly.(b) Any order under this section which applies to rights of visitationwith a child remanded or placed in the care of a person, official,agency or institution pursuant to article ten of the family court act orpursuant to an instrument approved under section three hundredfifty-eight-a of the social services law, shall be enforceable pursuantto the provisions of part eight of article ten of such act, sectionsthree hundred fifty-eight-a and three hundred eighty-four-a of thesocial services law and other applicable provisions of law against anyperson or official having care and custody, or temporary care andcustody, of such child. Source: NYSenate.gov Open Legislation | Laws of New York Page 1