101 Misc. 588 | N.Y. Sup. Ct. | 1917
This is a proceeding by way of a writ of habeas corpus by a mother for permission to see her children who have been duly adopted by the respondent. One’s natural impulses are in sympathy with the petitioner’s contention, but as I view the controlling authorities the relief asked here cannot be granted in a proceeding, of this nature. Section 70 of the Domestic Relations Law provides for proceedings by way of habeas corpus to procure custody of children when they are unlawfully restrained by one not entitled to their custody, hut it is obvious that that provision of the Domestic Relations Law does not apply to this situation. The respondent in this proceeding is entitled to the legal custody of the children and all natural rights of the parents have ceased. Matter of MacRea, 189 N. Y. 142. Therefore, the respondent
Ordered accordingly.