NY A06993

A child's presence in New York for gender-affirming health care or mental health care is sufficient for courts to obtain initial child custody jurisdiction.

Courts may assert temporary emergency jurisdiction if a child has been prevented from obtaining gender-affirming health care or mental health care.

New York courts cannot declare themselves an inconvenient forum in cases involving gender-affirming health care when another state's laws limit access to such care.

Laws from other states that permit child removal based on parents allowing gender-affirming health care are declared against New York's public policy and unenforceable in New York courts.

New York courts may vacate, stay, or modify child custody determinations from other states that failed to recognize a child's right to gender-affirming health care or mental health care, and provision of such care does not constitute "serious physical harm" under enforcement provisions.