N.Y. Domestic Relations Law § 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.