Q: I am filling out an emergency hearing for custody. The original case was filed in fl. The kids live in ny now. We are f
Filling out the jurisdiction affidavit to file in ny. The affidavit gets filled out to ny? Yes/ no?
A:
We are not certain what the asker means by a "jurisdiction affidavit." If he means a form UCCJEA-3, then certainly this form is filed with a New York family court as part of a modification petition of a foreign state's custody order.
The asker must be aware that the UCCJEA is a federal statute that triggers state compliance in specific ways. Not understanding how those ways can affect the success of a modification petition can cost the case a loss.
Because federal and state laws are entangled in child custody, the asker should not try a modification petition alone. This is not the stuff an ordinary parent can do by himself.
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