Senate Bill S6208

2017-2018 Legislative Session

Relates to visitation and custody rights involving non-U.S. citizens

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S6208 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240, 75-e, 75, 77-b, 77-c, 77-e, 77-i & 77-l, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2015-2016: S6245
2019-2020: S2618
2021-2022: S4908
2023-2024: S4091

2017-S6208 (ACTIVE) - Summary

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.

2017-S6208 (ACTIVE) - Sponsor Memo

2017-S6208 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6208
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 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:
 
   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 deter-
 mination 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.
              

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