Saturday, December 7, 2013

Child custody - does fl or NY have jurisdiction?

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 (

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