Legal Question in Family Law in New York

In California it is a criminal offense for a parent to take a child and deny the other parent contact. The law in California is CPC 278.5

The mother of my three year old son has taken our son to New York and denies me access as basic as a phone call with my boy. As I write this I have no idea where she is staying. We both have filed custody actions in our respective states--but this is dragging on---now over 4 months and there is no ruling on which state has jurisdiction..

Is there a law in New York that is the equivalent of CPC 278.5? I miss my little boy---this is wrong!


Asked on 2/06/10, 12:06 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

The state of residence of the child should have jurisdiction. If you filed first, then California has jurisdiction. Domestic matters such as your"s is a civil matter. It may become a criminal matter if a party is found to be in contempt of court (disobeying a court order).

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Answered on 2/15/10, 5:56 am


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