Q: Who has jurisdiction? Florida or NY? Mother is custodial parent and NY resident. Father is Florida resident and $30k in child support arrears. He never saw child until child was 2 but became involved after sued for support. Mother welcomed the involvement of father encouraged relationship and after spending a $100 a day in babysitters took the father up on offer to let son temporarily attend preK in fl since it was a full day program unlike NYC - 2 hour a day program. Child in now 5 and mother took him back to NY to start kindergarten. Father was denied emergency order to bring child back.. Now has filed a pick up order and a hearing is pending as he is trying to proof mother and son are Florida residents
A: David's Answer: More facts are needed to assess this properly. First, when you say the child just moved back to NY - how long has the child been back in NY? Generally, home state jurisdiction is where the child has resided for more than 6 months. Moreover, were there any prior orders of custody/visitation? If yes, which state issued those prior orders? Is there a case pending in NY as well as in Florida? I strongly urge you to schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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