2019 New York Laws
DOM - Domestic Relations
Article 5 - The Custody and Wages of Children
70 - Habeas Corpus for Child Detained by Parent.

§  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.