Romulus, NY asked in Family Law and Child Custody for New York

Q: My husband served me with custody papers in NY during a temporary stay of 4 months, I had already filed a pleading

To start precedings in NC, which is where all 3 children were born and lived when I filed the initial pleading. Shouldn’t NC have the jurisdiction since I filed in May and he filed in NY in December. The judge disregarded when I showed him the filed pleading I had from NC.

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2 Lawyer Answers
Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: Normally, wherever a child has resided for the previous 6 months has jurisdiction. However, if there is an issue of safety of the children, any court where the children are currently in could assume jurisdiction. You need to talk to an attorney directly.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: Based upon the facts as you have stated them, your matter was filed first and NC would have jurisdiction as long as the children were not moved to NY after that as there is more than 6 months between May and December and it takes 6 months for a court to get jurisdiction unless there is an emergency involving the safety of the children.

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