New York S 3718: Relates to visitation and custody rights involving non-U.S. citizens

Bill Text

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S03718 Summary:

BILL NOS03718 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORLANZA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§240, 75-e, 75, 77-b, 77-c, 77-e, 77-i & 77-l, Dom Rel L; amd §651, Fam Ct Act

&nbsp

Prohibits a court from providing for visitation or custody of a minor who is a U.S. citizen to a person who resides outside the U.S. when the other party to such action is a U.S. citizen and objects to such an order.

Go to top S03718 Actions:

BILL NOS03718 

&nbsp

01/29/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS03718 Committee&nbspVotes:

Go to topS03718 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03718 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3718

 2025-2026 Regular Sessions

 IN SENATE

 January 29, 2025
 ___________

 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 Assem-
 bly, do enact as follows:

 1 Section 1. Section 240 of the domestic relations law is amended by
 2 adding a new subdivision 1-d to read as follows:
 3 1-d. Notwithstanding any other provision of this chapter to the
 4 contrary, no court shall make an order providing for visitation or
 5 custody of a minor who is a United States citizen to a person who
 6 resides or plans to reside outside the United States when the other
 7 party to such action is a United States citizen and objects to such
 8 visitation or custody.
 9 § 2. Section 651 of the family court act is amended by adding a new
 10 subdivision (g) to read as follows:
 11 (g) Visitation and custody rights unenforceable; non-United States
 12 citizens. No visitation or custody order shall be enforceable by a
 13 person who resides or plans to reside outside the United States when the
 14 subject of such visitation or custody order is a minor who is a United
 15 States citizen and the other party to such action is a United States
 16 citizen and objects to such visitation or custody.
 17 § 3. Section 75-e of the domestic relations law, as added by chapter
 18 386 of the laws of 2001, is amended to read as follows:
 19 § 75-e. Effect of child custody determination. A child custody deter-
 20 mination made by a court of this state that had jurisdiction under this
 21 article binds all persons who have been served in accordance with the
 22 laws of this state or notified in accordance with section seventy-five-g
 23 of this title or who have submitted to the jurisdiction of the court,
 24 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.
 LBD07406-01-5

 S. 3718 2

 1 the determination is conclusive as to all decided issues of law and fact
 2 except to the extent the determination is modified or except to the
 3 extent that enforcement of an order would violate subdivision one-c or
 4 one-d of section two hundred forty of this chapter or section one thou-
 5 sand eighty-five or subdivision (g) of section six hundred fifty-one of
 6 the family court act.
 7 § 4. Subdivision 2 of section 75 of the domestic relations law, as
 8 added by chapter 386 of the laws of 2001, is amended to read as follows:
 9 2. It is the intent of the legislature in enacting this article to
 10 provide an effective mechanism to obtain and enforce orders of custody
 11 and visitation across state lines and to do so in a manner that ensures
 12 that the safety of the children is paramount and that victims of domes-
 13 tic violence and child abuse are protected. It is further the intent of
 14 the legislature that this article be construed so as to ensure that
 15 custody and visitation by perpetrators of domestic violence or homicide
 16 of a parent, legal custodian, legal guardian, sibling, half-sibling or
 17 step-sibling of a child [is] or non-United States citizen are restricted
 18 pursuant to [subdivision] subdivisions one-c and one-d of section