A New York Court ruled that a grandmother located in Texas had the right to be heard regarding a visitation order for her grandson who just relocated to Florida. In an October 29, 2012 New York Law Journal article the boyâ€™s grandmother petitioned a New York court the day after the court granted custody of the child to his mother.
In the original suit the mother was award physical custody of the two year old child, as well as the ability to relocate to Florida. Upon receiving the petition the mother responded with a motion to dismiss the claim based on the lack of jurisdiction. The mother argued that the New York no longer had jurisdiction over the child and New York was now an inconvenient forum since she resided in Florida. However the grandmother countered stating that she was simply requesting visits in Florida and would agree with the mother appearing via Skype.
The court reviewed the original petition and ruled that they did have jurisdiction based on a re-entry clause. Additionally, the grandmotherâ€™s request was considered a modification or amendment to the original petition therefore the court may hear the claim. Furthermore, the court found that although Florida does have a grandparent visitation statute, the stateâ€™s Supreme Court has struck down multiple grandparent visitation orders based on finding them unconstitutional. Due to Floridaâ€™s view on the rights of grandparentâ€™s visitations, the New York court found that this was the only forum for the grandmother to seek visitation.Â The motherâ€™s motion for dismissal was therefore denied.
If you need help in a custody or visitation case or if you are considering divorce, then contact the law office of Jayson Lutzky, P.C. Mr. Lutzky has over 29 years of experience practicing law. To set up a free in person consultation call (800) 660-5299. Additionally, you can visitÂ www.MyNewYorkCityLawyer.com for further information.