Saturday, May 17, 2014

Is there a case law or previous ruling where nyc family court upheld a custody order from another state that was issued 4 month

Q:  i was recently awarded physical custody of my son from another state, all this transpired because the mother of my child doesn't want me or my wife to be a part of his life, so she decided to relocate to Indiana. she also suggested a modified visitation plan where i would get him 3 times a year. After being awarded custody she has filed emergency petitions and a petition for reconsideration of custody. She filed in out of state court and in NY at the same time. out of state denied her request for reconsideration. When she filed in NY i see she is now claiming the following New York Family Court act 1012 e,f,h. which is not true, she is trying to make it difficult for our son to be happy here. She doesn't want to co-parent. the 8 months i had my son we have had 4 phone conversations

A:  David's Answer:  Generally NY will recognize custody orders issued from another state. However, there must be a determination that the other state had proper jurisdiction - both proper service of the summons as well as jurisdiction under the UCCJEA. You're best advised to schedule a consult with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (

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