A Brooklyn Family Court judge dismissed a woman’s petition for child custody on the grounds that New York did not have proper jurisdiction, as reported in a September 2nd, 2011 New York Law Journal article.
The plaintiff petitioned the New York courts seeking child custody of a child that she mothered with her same sex ex-partner. The plaintiff argued that New York had jurisdiction to hear the case under Domestic Relations Law Sec. 76(1) (a), which states that the child’s home state has proper jurisdiction.
However, the court found that New York was not the child’s current home state because the child had not lived in New York for a consecutive six months prior to the petition.
Plaintiff then argued that the New York court could still gain jurisdiction under a statue that allows a state to hear the case if the child has a “significant connection with the state, and substantial evidence.” The court disregarded this statue because the child had not been in New York for roughly 18 months. The Brooklyn court dismissed the plaintiff’s petition for child custody based on lack of jurisdiction.
We at the Law Office of Jayson Lutzky, P.C. (www.mynewyorkcitylawyer.com) are following closely to how the New York courts are deciding on issues that affect our clients. If you have any legal questions or concerns regarding a child custody dispute, then please contact our law office at1-800-660-LAWYER or 1-800-660-5299 today for a free initial consultation.