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

Q: For a family court case if the mother is a resident of NY and father KY can the case be brought to NY??

The court case was started in KY because of ex husband. My lawyer in KY is not contacting me when court is in session. They have not put my daughter on the custody or support case (born Feb 2020) and my ex husband is lying to the judge about the circumstances of myself and my son moving back to NY in AUG 2019. I receive $450 a month for my son and nothing for my daughter. At the moment I can not afford child care and I am out of a job because of COVID. The little support I do get is not helping enough to afford to be able to move out of my parents home or have child care to work. I am a resident of NY and want to know how I can get the case moved from KY family court to NY family court.

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

A: Is this a custody case or divorce case? When did the action start? For custody, the Uniform Child Custody Jurisdiction Act states that where the child has resided for the previous 6 months, has jurisdiction. However that is prior to the initiation of the case. Talk to a New York lawyer to see what your options might be.

George E. Patsis
George E. Patsis
PREMIUM
Answered
  • Divorce Lawyer
  • Lindenhurst, NY
  • Licensed in New York

A: It seems that a custody and child support case for your daughter is not pending in Kentucky. If this is correct, there is nothing stopping you from filing in New York. Typically you would start with a custody petition and file a child support petition. The custody petition generally would be decided first and then the child support case would follow.

The Family Court has jurisdiction over an initial child custody order under the Uniform Child Custody Jurisdiction and Enforcement Act, Article 5-a of the Domestic Relations Law. Jurisdiction is normally exercised in accordance with the home state rule. The home state rule permits the court to exercise jurisdiction over an initial child custody matter where the child's home state is New York.

"Home State" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

Since your child was born in New York and with you (the Parent), New York would be considered the home state.

The Uniform Interstate Family Support Act provides that the New York Family Court may obtain jurisdiction over a non-resident where any of the following are true:

(1) the individual is personally served with a summons and petition within this state;

(2) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document or other action having the effect of waiving any contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(7) the individual asserted parentage of a child in the putative father registry maintained in this state by the office of children and family services; or

(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

You should consult with a New York Family Law attorney in your area as soon as possible.

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

A: For a court to have jurisdiction for a custody matter, the child has to have been a resident of the state for 6 months. If the case was started in KY before February, then KY has jurisdiction, if the case was started after February then custody should be in NY. Once custody is determined, then support follows. If the KY case is a divorce case, then they would keep it. You should file for support in KY if it is a divorce case or in NY if it is not.

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