What's happening
This bill prohibits courts from granting or enforcing custody or visitation of a U.S. citizen minor to someone residing outside the U.S. if the other parent, also a U.S. citizen, objects.
Why it matters
Limits international relocation and custody for U.S. citizen minors. The bill ensures that if one U.S. citizen parent objects, courts cannot grant or enforce custody or visitation rights to someone planning to reside outside the United States, significantly restricting international moves involving children.
Alters enforcement of out-of-state and international custody orders. New York courts would not have to recognize or enforce custody/visitation orders from other states or countries if those orders conflict with the new restriction, potentially impacting families with cross-border or international ties.
Prioritizes the objecting U.S. citizen parent’s wishes. By giving one U.S. citizen parent the power to veto a child’s relocation abroad for custody or visitation, the law could affect parents' ability to share parenting time and may disproportionately impact non-citizen or immigrant parents.
Impacts binational and multicultural families. The bill could make it harder for children to maintain relationships with parents or family living outside the U.S., possibly leading to increased disputes and complex legal challenges for families with international connections.
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Who cares
Headline styles
Limit Custody to U.S. Residents
Plain English, a few words. Used as the page title.
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History
- Referred to children and families
- Referred to children and families
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2618
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the domestic relations law and the family court act, in relation to visitation and custody rights involving non-United States citizens
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 240 of the domestic relations law is amended by adding a new subdivision 1-d to read as follows:
1-d. Notwithstanding any other provision of this chapter to the contrary, no court shall make an order providing for visitation or custody of a minor who is a United States citizen to a person who resides or plans to reside outside the United States when the other party to such action is a United States citizen and objects to such visitation or custody.
§ 2. Section 651 of the family court act is amended by adding a new subdivision (g) to read as follows:
(g) Visitation and custody rights unenforceable; non-United States citizens. No visitation or custody order shall be enforceable by a person who resides or plans to reside outside the United States when the subject of such visitation or custody order is a minor who is a United States citizen and the other party to such action is a United States citizen and objects to such visitation or custody.
§ 3. Section 75-e of the domestic relations law, as added by chapter 386 of the laws of 2001, is amended to read as follows:
§ 75-e. Effect of child custody determination. A child custody determination made by a court of this state that had jurisdiction under this article binds all persons who have been served in accordance with the laws of this state or notified in accordance with section seventy-five-g of this title or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07380-01-9
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the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified or except to the extent that enforcement of an order would violate subdivision one-c or one-d of section two hundred forty of this chapter or section one thousand eighty-five or subdivision (g) of section six hundred fifty-one of the family court act.
§ 4. Subdivision 2 of section 75 of the domestic relations law, as added by chapter 386 of the laws of 2001, is amended to read as follows:
2. It is the intent of the legislature in enacting this article to provide an effective mechanism to obtain and enforce orders of custody and visitation across state lines and to do so in a manner that ensures that the safety of the children is paramount and that victims of domestic violence and child abuse are protected. It is further the intent of the legislature that this article be construed so as to ensure that custody and visitation by perpetrators of domestic violence or homicide of a parent, legal custodian, legal guardian, sibling, half-sibling or step-sibling of a child [is] or non-United States citizen are restricted pursuant to [subdivision] subdivisions one-c and one-d of section two hundred forty of this chapter and section one thousand eighty-five and subdivision (g) of section six hundred fifty-one of the family court act.
§ 5. Subdivision 1 of section 77-b of the domestic relations law, as added by chapter 386 of the laws of 2001, is amended to read as follows:
1. A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this article or the determination was made under factual circumstances meeting the jurisdictional standards of this article and the determination has not been modified in accordance with this article; provided, however, that recognition and enforcement of the determination would not violate subdivision one-c or one-d of section two hundred forty of this chapter or section one thousand eighty-five or subdivision (g) of section six hundred fifty-one of the family court act.
§ 6. The opening paragraph of subdivision 1 of section 77-c of the domestic relations law, as added by chapter 386 of the laws of 2001, is amended to read as follows:
A court of this state which does not have jurisdiction to modify a child custody determination, may, if consistent with subdivision one-c or one-d of section two hundred forty of this chapter or section one thousand eighty-five or subdivision (g) of section six hundred fifty-one of the family court act, issue a temporary order enforcing:
§ 7. Subdivision 2 of section 77-e of the domestic relations law, as added by chapter 386 of the laws of 2001, is amended to read as follows:
2. A court of this state shall recognize and enforce, but may not modify, except in accordance with title two of this article, a registered child custody determination of a court of another state; provided, however, that recognition and enforcement of the determination would not violate subdivision one-c or one-d of section two hundred forty of this chapter or section one thousand eighty-five or subdivision (g) of section six hundred fifty-one of the family court act.
§ 8. Subparagraph (ii) of paragraph (a) of subdivision 1 of section 77-i of the domestic relations law, as added by chapter 386 of the laws of 2001, is amended to read as follows:
(ii) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under title two of this article or enforcement of
S. 2618 3
the determination would violate subdivision one-c or one-d of section two hundred forty of this chapter or section one thousand eighty-five or subdivision (g) of section six hundred fifty-one of the family court act; or
§ 9. Section 77-l of the domestic relations law, as added by chapter 386 of the laws of 2001, is amended to read as follows:
§ 77-l. Recognition and enforcement. A court of this state shall accord full faith and credit to an order issued by another state and consistent with this article which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under title two of this article, unless recognition and enforcement would violate subdivision one-c or one-d of section two hundred forty of this chapter or section one thousand eighty-five or subdivision (g) of section six hundred fifty-one of the family court act.
§ 10. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the domestic relations law and the family court act, in relation to visitation and custody rights involving non-United States citizens
Purpose or general idea of bill
Relates to visitation and custody rights involving non-U.S. citizens.
Summary of specific provisions
Section 1 amends Section 240 of the domestic relations law by adding a new subdivision (1-d).
Section 2 amends the family court act by adding a new subdivision (g).
Section 3 amends Section 75-e of the domestic relations law.
Section 4 amends Subdivision 2 of section 75 of the domestic relations law.
Section 5 amends subdivision 1 of section 77-b of the domestic relations law.
Section 6 amends the opening paragraph of subdivision 1 of section 77-c of the domestic relations law.
Section 7 amends subdivision 2 of section 77-e of the domestic relations law.
Section 8 amends subparagraph (ii) of paragraph (a) of subdivision 1 of section 77-i of the domestic relations law.
Section 9 amends section 77-1 of the domestic relations law Section 10 is the effective date.
Justification
This bill would prohibit a non-United States citizen of custody and visitation rights of minor child when such non-citizen resides or plans to reside outside the United States. Custody would be prohibited when the other party to such action, who is a United States citizen, objects to such visitation and custody.
Prior legislative history
2018: S.6208 - Referred to Children & Families 2017: S.6208 - Referred to Children & Families 2016: S.6245 - Referred to Children & Families
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.