New York 2025-2026 Regular Session

New York Senate Bill S03718

Introduced
1/29/25  
Refer
1/29/25  

Caption

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.

Summary

Bill S03718 amends the domestic relations law and the family court act to restrict visitation and custody rights involving minors who are United States citizens. Specifically, it prohibits courts from granting visitation or custody to individuals who reside or plan to reside outside the United States if the other party involved in the custody dispute is a U.S. citizen and objects to such arrangements. This change aims to ensure that the rights of U.S. citizen children are protected from potential international custody disputes and complications arising from differing legal systems.

Impact

The bill will significantly affect how custody and visitation rights are adjudicated in New York, particularly in cases involving non-U.S. citizens. It will establish a clear legal framework that prioritizes the objections of U.S. citizen parents regarding custody arrangements that involve international relocation. This could lead to a decrease in custody orders favoring non-U.S. citizens residing abroad, thereby reinforcing the jurisdictional authority of New York courts in family law matters involving U.S. citizen children.

Sentiment

The general sentiment surrounding Bill S03718 appears to be cautious, with discussions likely focusing on the implications for family law and the rights of children. While proponents may argue that it protects U.S. citizen children from potential risks associated with international custody arrangements, opponents may raise concerns about the fairness to non-U.S. citizen parents and the potential for exacerbating custody disputes.

Contention

Notable points of contention include the balance between protecting U.S. citizen children and the rights of non-U.S. citizen parents. Advocates for the bill argue that it is necessary to safeguard children from the complexities of international custody disputes, while critics may contend that it unfairly penalizes non-U.S. citizens and could lead to unjust outcomes in custody cases.

Companion Bills

No companion bills found.

Previously Filed As

AR HB1909

To Create The Public Services Only For Citizens Act; And To Require Verification Of Citizenship And Residency In Order To Receive Public Assistance.

MS HB481

Driver's license; prohibit issuance of to persons who are not U.S. citizens.

NY S02586

Relates to providing translators at certain polling place locations if fifteen percent of the number of voting age citizens who speak the same language other than English at home reside in the district where such polling place is located.

MA H3004

Authorizing cities and towns to provide a residential exemption to senior citizens

OR HB2442

Relating to providing proof of United States citizenship when registering to vote.

NY A10469

Allows orders of protection to be issued for persons where one such person is the spouse or intimate partner of such other person's former spouse or former intimate partner.

OR SB1075

Relating to providing proof of United States citizenship when registering to vote; declaring an emergency.

NH CACR4

Relating to voting eligibility. Providing that only legal resident citizens who are at least 18 years of age or older who reside in the place they claim as a domicile shall be eligible voters.

NH CACR4

relating to voting eligibility. Providing that only legal resident citizens who are at least 18 years of age or older who reside in the place they claim as a domicile shall be eligible voters.

OR HB2444

Relating to providing proof of United States citizenship when registering to vote; declaring an emergency.

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