Bill Text: NY S04091 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S04091 Detail]
Download: New_York-2023-S04091-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4091 2023-2024 Regular Sessions IN SENATE February 3, 2023 ___________ 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. LBD08458-01-3S. 4091 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 two 19 hundred forty of this chapter and section one thousand eighty-five and 20 subdivision (g) of section six hundred fifty-one of the family court 21 act. 22 § 5. Subdivision 1 of section 77-b of the domestic relations law, as 23 added by chapter 386 of the laws of 2001, is amended to read as follows: 24 1. A court of this state shall recognize and enforce a child custody 25 determination of a court of another state if the latter court exercised 26 jurisdiction in substantial conformity with this article or the determi- 27 nation was made under factual circumstances meeting the jurisdictional 28 standards of this article and the determination has not been modified in 29 accordance with this article; provided, however, that recognition and 30 enforcement of the determination would not violate subdivision one-c or 31 one-d of section two hundred forty of this chapter or section one thou- 32 sand eighty-five or subdivision (g) of section six hundred fifty-one of 33 the family court act. 34 § 6. The opening paragraph of subdivision 1 of section 77-c of the 35 domestic relations law, as added by chapter 386 of the laws of 2001, is 36 amended to read as follows: 37 A court of this state which does not have jurisdiction to modify a 38 child custody determination, may, if consistent with subdivision one-c 39 or one-d of section two hundred forty of this chapter or section one 40 thousand eighty-five or subdivision (g) of section six hundred fifty-one 41 of the family court act, issue a temporary order enforcing: 42 § 7. Subdivision 2 of section 77-e of the domestic relations law, as 43 added by chapter 386 of the laws of 2001, is amended to read as follows: 44 2. A court of this state shall recognize and enforce, but may not 45 modify, except in accordance with title two of this article, a regis- 46 tered child custody determination of a court of another state; provided, 47 however, that recognition and enforcement of the determination would not 48 violate subdivision one-c or one-d of section two hundred forty of this 49 chapter or section one thousand eighty-five or subdivision (g) of 50 section six hundred fifty-one of the family court act. 51 § 8. Subparagraph (ii) of paragraph (a) of subdivision 1 of section 52 77-i of the domestic relations law, as added by chapter 386 of the laws 53 of 2001, is amended to read as follows: 54 (ii) the child custody determination for which enforcement is sought 55 has been vacated, stayed, or modified by a court of a state having 56 jurisdiction to do so under title two of this article or enforcement ofS. 4091 3 1 the determination would violate subdivision one-c or one-d of section 2 two hundred forty of this chapter or section one thousand eighty-five or 3 subdivision (g) of section six hundred fifty-one of the family court 4 act; or 5 § 9. Section 77-l of the domestic relations law, as added by chapter 6 386 of the laws of 2001, is amended to read as follows: 7 § 77-l. Recognition and enforcement. A court of this state shall 8 accord full faith and credit to an order issued by another state and 9 consistent with this article which enforces a child custody determi- 10 nation by a court of another state unless the order has been vacated, 11 stayed, or modified by a court having jurisdiction to do so under title 12 two of this article, unless recognition and enforcement would violate 13 subdivision one-c or one-d of section two hundred forty of this chapter 14 or section one thousand eighty-five or subdivision (g) of section six 15 hundred fifty-one of the family court act. 16 § 10. This act shall take effect immediately.
